Legal Question in Criminal Law in Washington
no contact order
nearly a year ago my boyfriend was arrested for assaulting me.he has been convicted of 3rd deg. assault (DV), harrassment (DV) and witness tampering(DV).the state placed a 5yr no contact order against him as well.we have since reconciled(obviously disregarding the order)and we wish to be married.how can we make this happen-or more accurately CAN we make this happen since there is a no contact order?what is the penalty for breaking the order and getting married if we are caught and the state decided to pursue legal action?any help or advice regarding this would be greatly appreciated, as we would like to be married before the new year. thank you
1 Answer from Attorneys
Re: no contact order
IF you are caught?!
Let's see . . .
You will have to obtain a marriage license through the state. The newspaper will report the wedding, if nothing more than a few words to state the two of you are married (it's a public record). Your boyfriend is likely still under DOC supervision, which means he has to report a change of address and is subject to random home inspections. You have a better chance of winning the lottery than not getting caught.
If you truly want to marry this man and have the "blessing" of the court, your first priority should be marriage counseling. The court may be willing to modify the no contact order to allow him to attend counseling sessions and, if all goes well, the counselor (or pastor) may recommend that the no contact order be terminated.
Until the no contact order is terminated, all you are accomplishing is an increased likelihood that you and your husband will live apart not because of the no contact order, but because they don't allow spouses to reside together in jail.
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