People v. Palmer

In People v. Palmer, 9 Misc 3d 1117[A], 2005 NY Slip Op 51625[U] [Tuckahoe Just Ct 2005]), the court agreed to modify a final order of protection, reducing it from a full order to a limited order, where, after a hearing, the protected party indicated that neither she nor her daughter, also named in the order, feared harm from the defendant because he had completed an anger management program. Defendant testified that he was "confident" that he would "be able to get along with the" protected party and "promised" not to harm her daughter. The court found that "changed circumstances" indicated that there was no "significant risk of harm" (id.). Citing this, and the court's "reluctance to compel two adults to stay apart when both wished to resume their former relationship" (id.), the court allowed them to do so.