How have courts dealt with a motion to vacate or modify a temporary order of protection?

First is People v. Faieta, 109 Misc 2d 841, 440 N.Y.S.2d 1007 (Dist Ct Nassau County 1981). There, the court considered a motion to vacate or modify a temporary order of protection, entered when defendant was arraigned on an information alleging that he had assaulted his wife. Id. Defendant was suffering from multiple sclerosis - he used a cane for balance and ambulation - and the house that he shared with his wife was specially equipped with handrails to accommodate his illness. The order required him to vacate that house. After a hearing, the court agreed to modify the temporary order of protection to the extent that it permitted him to live in the home. Id. The ruling turned on two factors. First, the special facilities necessary to address the defendant's physical incapacity would not be available elsewhere and, second, at the hearing, the complainant indicated that she was planning to live elsewhere, although she wished to remain in contact with her husband. Id.