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DURHAM — Durham novelist Michael Peterson was back in court Friday fighting to get off house arrest as he awaits a new trial in the death of his wife more than 10 years ago.

Attorneys for Peterson filed a motion asked a judge to remove the ankle bracelet that monitors his movement 24-7. That motion was denied. An official who monitors Peterson's activity said the defendant complained of discomfort and even had the bracelet switched from the left leg to the right, went to the emergency room, and has never violated the terms of his house arrest.

The court also heard testimony from relatives of Peterson's wife.

"I don't care what his mental or physical reasons are. He is a danger to my family. We and the citizens of Durham deserve protection from this convicted first-degree murderer," said victim's sister Lori Campbell.

Peterson has been out of prison since December of 2011 when a judge determined Peterson deserved a second trial due to misleading testimony given during his original trial by former SBI agent Duane Deaver.

The defendant is only allowed to travel between Wake County, Durham County, and Orange County according to his attorney.