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People v. Perry

Protective Order Denied Modification; Victim's Safety Cannot be Achieved in Its Absence

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MEMORANDUM

*1  In this prosecution involving intimate partner violence, the defendant pled guilty to Aggravated Criminal Contempt and on March 18, 2016 was sentenced to 2 to 4 years in prison. A full final stay-away order of protection was issued in favor of the victim effective until March 17, 2028. Defendant, together with the victim, now petitions the court for a modification of that order of protection to allow them to continue their relationship.In sum, the defendant and the victim contend that the source of any romantic discord was alcohol, which both have foresworn. They further argue that they are “consenting adults in a long term relationship” and “are ready, as adults, to move forward.”The victim, in her affidavit in support of this application, expresses her love for the defendant and denies any fear or apprehension in trying to re-establish their relationship.In deciding the motion, the court must seriously consider the wishes of the victim;

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