David Buen had been handed the five-year order in September 2023 after being convicted of breaching a previous order put in place following his conviction for controlling and coercive behaviour.
He breached the restraining order in October 2023 and was recalled to prison. However, after being released from prison, he then breached the order again in April 2024 by attending the victim’s home in the Alfreton area.
The woman had been issued with a SmartWater canister as part of a force-wide scheme to help keep victims of stalking and domestic abuse safe.
When Buen attended her home address on 21 April, he was sprayed with SmartWater, which is not visible to the naked eye but glows under ultraviolet light. Each kit has a unique code so it can be traced back to specific victims and perpetrators.
Once arrested, Buen was placed under an ultraviolet light which showed the SmartWater on his skin and clothing. Officers took photographs which were shown to Buen during his police interview and he then admitted the offence.
The 52-year-old, of no fixed address, was charged with breaching a restraining order and appeared at Derby Crown Court on 11 June when he pleaded guilty to the breach and to committing an offence during the operational period of a suspended sentence.
He was jailed for a total of 32 weeks and also given a 10-year Stalking Protection Order.
This is one of the first domestic abuse-related court cases nationally where SmartWater has been used in the evidential chain. West Yorkshire Police secured the first conviction using the forensic marking system in 2022 when a man was jailed after breaching a non-molestation order.
