Legal Question in Criminal Law in Nevada

Re: Restraining order/marriage

Thank you for your inquiry.

I do not know of any statutory restrictions preventing two individuals from marrying when one spouse has a restraining order against the other. However, there may be violation of the protection order by having the two spouses contact each other. I would recommend that you not file a Petition to Quash the protection order.

In regards to criminal testimony, there is no protection against having one spouse testify against the other. The spouse that is to testify has the sole discretion on whether or not to testify.

It sounds like you have several issues involved with this situation. If you would like to consult with an attorney contact my office at the information below.

Regards,

Jim Herbe, Esq.

702.966.5686

Re: Restraining order/marriage

There is nothing illegal about marrying under those circumstances although there could be some consequences for violationg the restraining order. Insofar as the spousal privilege this is held by the testifying spouse who may or may not testify as she chooses. The non-testifying spouse in Nevada cannot prevent the testifying spouse from being a witness against him if that is her choice.