Can a couple obtain a marriage license with a no contact order in place?

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Can a couple obtain a marriage license with a no contact order in place?

Asked on May 9, 2011 under Family Law, Washington

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think your question needs to be viewed in terms of "can" vs. "should."  With respect to whether a couple "can", chances are that the agency issuing the marriage license, town hall, etc., may not run a check with regard to no contact orders when issuing licenses.  Therefore, it may be possible (although not certain) that you can obtain one.  Then the question becomes "should."  In my opinion, a couple should not do so.  If there is a no contact order in place, and you get married, and then law enforcement finds out, the party subject to the order could quickly find himself in violation, and arrested for a violation of the order.  The state's subsequent criminal case against the violator will be strong, because they will have the marriage license as proof.  Therefore, the newlywed couple will run a serious risk of spending their honeymoon in conjugal visits.  I think its probably better to wait until the order expires in order to get married, unless there is really some urgent reason (such as one party's impending death, etc) to suggest otherwise.


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