Breaches of a violence restraining order imposed at the same time as a suspended sentence, involving the same victim as the original offence, are not trivial and will ordinarily justify activation of the suspended term. A sentencing judge assessing intimidation may have regard to the objective potential effect of the offender's conduct, not merely the actual effect on the victim. Where an offender wishes to rely on an alleged misunderstanding of a court order as mitigation, evidence must be called to establish that contention.
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