Question:

Can a judge order a husband and wife to not see eachother?

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Example: A woman takes a ride from somebody she doesn't know that well. The driver ends up getting pulled over and has illegal drugs in his vehicle. He then says it is the womans. She is arrested and sent to prison. The judge orders that she is not to have contact with her husband (who had no involvement at all in the situation) until she was off paper. Which would be 7 to 8 years. Can a judge do this?

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  1. There is no general rule that provides that in no circumstances can a judge order no contact between spouses.  Whether that would be appropriate in your case is not clear but that is because you didn;t include the facts that led the judge to issue the order.  However, even if it is illegal, it is enforcable until it is set aside.  You cannot just ignore the order.  Instead, you must get it set aside by appealing or having the judge reconsider the order.


  2. Im not an attorney but I don't think so if the husband wasn't involved.  

  3. I've never heard of such a scenario. Usually full stay away orders are issued in cases of domestic violence, in which case ordering husbands and wives not to see each other isn't too unusual. If the above scenario is your situation, contact an attorney and see if you should file an appeal. I'm not a lawyer yet, so I can't give you legal advice.

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