People v. Bohlman

In People v. Bohlman, (30 Misc 3d 313 [Nassau Dist Ct 2010]), the defendant moved to vacate a final order of protection entered in favor of his former girlfriend. His motion included an affidavit from the former girlfriend asserting that she did not want an order of protection and was not afraid of the defendant. Nevertheless, the court, citing the history of violence between the parties and the protected party's numerous prior efforts to obtain orders of protection against the defendant, declined to vacate it. (Id.) The Court refused to terminate the order, and did not credit the protected party's assertion that she was not afraid of the defendant. That court attributed this claim to the "honeymoon phase" of the "cycle of violence," during which the "abuser acts with contrition, begs for forgiveness and makes declarations of love," while "the victim is seduced into believing that the abuse will cease and that the family will remain intact." (30 Misc 3d at 318, 3913 NYS2d at 500)