Q: Can the court order a relationship to dissolve if they are unmarried?
Can the court order a relationship between two people to end? I was involved in a domestic assault call at my house where my spouse was arrested and charged. I did not wish for a no contact order to be put in place. The terms are "no unwanted contact" meaning I can rescind my invitation for conversation if I am not comfortable. We are working on ourselves and our relationship. We communicate daily and wish to continue our relationship so long as certain terms have been met by the both of us. Can the judge order our relationship to dissolve? We are not married.
A:
Yes, you can rescind a no-contact order if both parties consent to future contact. To drop it, would need to go back to the court that issued the no-contact order and file a motion to dismiss the order. The motion should include an explanation about why you want to drop the restraining order.
Rescinding the no-contact does not necessarily mean that the domestic assault charges will be dropped. You may want to speak with a criminal defense attorney regarding this.
I hope this helps!
Susanne Eltamimi agrees with this answer
A: A judge cannot order a relationship to end, at least not in those terms, per se. But courts often order "no contact" in a few contexts, including an "Order for Protection (OFP)" via family court, or a "Domestic Abuse No Contact Order (DANCO)" in criminal court. The ability of the "protected person" to end the court's No-Contact Order will vary depending upon its type. For example, it should be relatively easy for the Petitioner who asked an OFP in family court to ask the court to terminate it. But, in comparison, it can take persistent effort over an extended time period to the "prosecutor's victim" to get the Court to drop the DANCO and othe rno-contact orders in a criminal case. As for "terms" of a no-contact order, I think it fair to say that most people find that the existence of any no-contact order can create problems, with police, etc. regardless of terms. But, if the court won't end it entirely (best), some terms and exceptions may be better than nothing, until the no-contact order(s) can eventually be extinguished entirely. You may wish to contact lawyer about this.
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