We commited a felony together and the order is in place until sentencing at the end of January. We can have contact only if it pertains to custody of our son. We went and got a marriage license today and want to get married before next court date. Can we do this?
You can get married, but you will be violating the no contact order and run a significant risk of being prosecuted. Do you really want to risk spending time in jail rather than wait until the restraint is lifted?
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
DUI / DWI Attorney
It would appear that you've already violated the Restraining Order by going together to get the marriage license, as that contact had nothing to do with custody of your son. If you get married during this process, you will violate the restraining order a second time. You definitely should wait until after the order has been modified. You will spend the rest of your lives together, there is no need to complicate your wedding plans. Also, you should be extremely careful about sharing details of you situation on a public forum when you might be identified.
The proceeding statement is for your benefit and designed to orient you to seek help more completely; it should not be construed as a complete answer to your legal problem or a substitution for legal advice. Only when an attorney has had the opportunity to fully explore the issues of your case can you truly be advised. By reading my statement you should not infer we have created an attorney client relationship.
Criminal Defense Attorney
You could ask for modification of the no contact order. However, I would advise not to make an statements that would be against your interest.