A dad-of-two was found guilty after grabbing his partner by the neck and lifting her off the ground in a row over a takeaway.

Martin James Smith, 46, of Lincoln Walk, in Macclesfield, was found guilty of assault after a trial.

The court heard that on December 29, 2017, he and his partner had been out during the evening and had a couple of drinks at the local pub.

The couple then returned home on Prestbury Road, with a takeaway, after which Smith began to get increasingly angry, the prosecution said.

The court heard a scuffle broke out in the kitchen between Smith and his partner and he grabbed her neck and lifted her off the ground. She ran into the dining room where Smith held her neck again, before letting go and leaving the home, the hearing was told.

His scared partner also left the home and went to the next door neighbour’s, who then called the police.

The prosecution told the court the couple had been together for eight years and though Smith had a ‘temper’ there had been no major issues.

Prosecuting, Kate Gaskell, said: “The couple went out to the local pub and had a few drinks. They then got a takeaway and she went upstairs

“He became cross and shouted because nobody was coming down. She went into the kitchen where he followed her, and she turned away from him.

“He grabbed her by the throat and lifted her from the floor. She hit out at him, he let go and she ran into the dining room. He kicked her and then grabbed her by the throat but [then] left.”

The defence told the court how Smith was considering appealing the decision made during the trial.

Defending, Carl Benson, said he is a man of previous good character and police have not had to attend the address for similar incidents before.

Mr Benson also said Smith maintains he acted in self defence and intended to appeal his conviction. He said: “In the matter of grabbing her by the neck and kicking her his version is that he was acting in self defence, to resist her. He does accept however that he does have a tempter and sought help from that which has been offered by the probation period.”

Smith was found guilty of assault by beating.

He was given a community order, ordered to complete a Building Better Relationships course and pay £495 in court costs and compensation. He must comply with a curfew for the next three months.