Police wanted the order made against 37-year- old Jolly Stanesby, from Ivybridge, South Devon, a Fathers 4 Justice veteran who has scaled Tamar Bridge dressed as Superman and handcuffed himself to a Government minister to draw attention to his cause. All his protests were against an alleged bias against fathers in family courts.
The anti-social behaviour order (Asbo) application was made specifically to ban Mr Stanesby from going near Judge David Tyzack's home or within ten metres of Exeter Cathedral, two locations where he has staged recent protests.
It was thrown out at Honiton Magistrates Court yesterday, following a day-long hearing.
Police sought the order after Mr Stanesby climbed on to the roof of Judge Tyzack's home in East Devon in November. The court heard that Mr Stanesby believed the judge had unfairly denied him access to his daughter.
Mr Stanesby stayed on the roof for two nights. After he voluntarily came down, he was arrested under suspicion of "trespass and failure to leave land". He was released on police bail without charge until February 5, 2007.
He was also discovered by police, dressed as Father Christmas, near Exeter Cathedral on December 11. Officers believed he was about to scale the building, but he was not arrested.
Marie Macfarlane, senior legal adviser for Devon and Cornwall Constabulary, asked the court to impose the Asbo with immediate effect. She argued that Mr Stanesby was likely to cause alarm or distress to Judge Tyzack and his wife, and to people near the cathedral. She referred to Mr Stanesby's previous protests, which included handcuffing himself to children's minister Margaret Hodge, in November 2004.
Simon Cooper, defending, said the order was not necessary or proportional. He said his client had never been abusive to the judge and although his actions clearly caused distress, they did not warrant an "urgent" Asbo. He said the right to protest peacefully was a cherished British tradition. And he argued that an injunction would have an appropriate way of dealing with any perceived threat.
Magistrate David Jarrett said: "There is no evidence he is likely to commit acts before the next hearing. We do not feel an order would be justified or proportionate. Asbos should be treated with caution; they are not cure-alls and should not be lightly imposed."