Legal Question in Family Law in California
if two people wnat to get married and there is a restraining order against btween them can they still get married?
2 Answers from Attorneys
I guess it would depend on what the restraining order says, but it would be pretty damned hard to hold a marriage ceremony without violating any restraining order I've ever seen. And you cannot have a legal marriage without some form of solemnization. The marriage also must be consumated or it can be annulled, which presents a serious problem for complying with a restraining order. I must say, however, that if your relationship is such that you needed a restraining order, you reallly might want to reconsider the marriage in the first place. If you insist on going through with it, you will need to go to court to dissolve the order. I also suggest a good pre-nuptual agreement, and you might want to put a divorce lawyer on retainer, just to be ready.
While Mr. McCormick seems fixated on you consummating the marriage (which is erroneous legal advice as a matter of law), it is important to stress that you have to get rid of the restraining order. Los Angeles has a local form that the parties submit, but I'm not sure if San Diego has a similar form. If it doesn't you would most likely have to prepare one on pleading paper.