Are you facing a domestic assault charge in Minnesota? Did you know that a separate court order can land on top of those charges almost immediately, sometimes within hours of an arrest? That order is called a Domestic Assault No-Contact Order, or DANCO.
A domestic assault charge carries both immediate and long-term consequences, and working with someone who handles domestic violence matters in Minnesota courts can make a difference in the outcome. People who find themselves facing these situations often don’t know where to start. Our experienced criminal defense lawyers work with clients across Stearns County, Benton County, and the surrounding central Minnesota region. Let us help you.
What Is a DANCO?
Under Minnesota law, a domestic abuse no-contact order (DANCO) is issued by a court against a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding for domestic abuse, harassment or stalking of a family or household member, violation of an order for protection, or violation of a prior domestic abuse no-contact order. A DANCO may be issued as a pretrial order before final disposition of the underlying criminal case or as a postconviction probationary order.
A DANCO may be ordered by a judge in domestic assault cases and is often put in place at the beginning of the case, following a proceeding addressing pretrial release. That means you could be subject to serious restrictions early on, regardless of what ultimately happens with the underlying charges.
How Are DANCOs Different From OFPs and HROs?
Minnesota law provides for several different types of protective and no-contact orders, and they don’t all work the same way. Minnesota has three main protective and no-contact orders that often get confused:
- DANCO, which is a criminal-court no-contact order in a criminal case
- OFP, which is a civil Order for Protection available in domestic relationships
- HRO, a civil Harassment Restraining Order that can apply in any relationship
DANCOs only limit contact between the alleged victim and the defendant in criminal matters. An OFP, by contrast, goes through civil court and can address issues like temporary custody, use of the family home, and support arrangements.
Also, a domestic abuse no-contact order is independent of any condition of pretrial release or probation imposed on the defendant. A DANCO may be issued in addition to a similar restriction already imposed as a condition of pretrial release or probation. In practical terms, that means you could be dealing with two separate layers of no-contact requirements at the same time. It is not uncommon for an accused person to be subject to criminal charges, a DANCO, and a civil OFP all at the same time.
What Does a DANCO Restrict?
A DANCO typically prohibits all contact with the alleged victim, including in person, by phone, by text, by email, through social media, and through other people. It is important to know that a DANCO is a one-way street, meaning even though one party has filed for a DANCO against you, they are not in trouble if they contact you. You will be in violation of the order if you contact them, so do not respond to any correspondence from the protected party.
Indirect contact could mean transmitting a message through a third party, perhaps a mutual friend or another family member. That’s a point where people get into trouble without fully realizing what they’re doing. Asking someone to pass along a message, even something as routine as coordinating a pickup for shared belongings, can constitute a violation.
What about where you live? A DANCO may require that the defendant stay away from the other party’s home. In cases where the two parties live together, this means the defendant cannot return to their own home until a judge lifts or modifies the DANCO. For families sharing a residence in Saint Cloud or the surrounding area, that creates an immediate and disruptive practical problem that needs to be addressed carefully and through proper legal channels.
What Are the Consequences of Violating a DANCO?
A DANCO violation is treated as a separate criminal offense, stacked on top of whatever charges already exist. Any person who knows of the existence of a domestic abuse no-contact order issued against them and violates that order is guilty of a misdemeanor. Penalties for a misdemeanor include up to 90 days in jail and a $1,000 fine. That’s for a first violation. The consequences scale up from there.
Any person convicted of a second violation of a DANCO within 10 years of the first conviction is guilty of a gross misdemeanor. Under Minnesota law, anyone convicted of a gross misdemeanor DANCO violation must be sentenced to a minimum of ten days in jail and must be ordered to participate in counseling or other appropriate programs selected by the judge.
Felony penalties apply if the defendant committed the violation with a dangerous weapon or has two or more prior convictions for domestic violence-related offenses. A felony conviction carries a 30-day minimum sentence and up to five years in prison and a $10,000 fine.
Law enforcement takes DANCO violations seriously from an enforcement standpoint as well. An officer must make an arrest without a warrant and take into custody a person whom the officer has probable cause to believe has violated a DANCO. This is the case even if the violation did not take place in their presence provided that the existence of the order can be verified by the officer first.
Can a DANCO Be Modified or Removed?
Yes, in some circumstances. But it requires going through the court, and it’s not a straightforward process. Judges are often hesitant to lift a domestic abuse no-contact order before the underlying criminal case is resolved. However, it is possible. Depending on the circumstances of the case, it is possible to go to court and convince the judge that the DANCO is no longer needed. Situations that sometimes prompt a modification request include cases where both parties share children and need to coordinate parenting, or where the protected party has expressed that the order is unnecessary given the circumstances.
To clarify something important: even if the protected party reaches out to you and says they want the order dropped, that does not mean you can act on it. Even if all parties are happy to have the DANCO dropped, it’s important that the defendant continues to follow the order until it has been officially dropped by the courts. Violations can occur even when the alleged victim agrees the DANCO is unnecessary.
Contact PCG Law If You Are Facing a No-Contact Order
If you or someone you know is dealing with a DANCO in the central Minnesota area, contact our legal team at PCG Law early in the process. The decisions made in the first days of a domestic assault case often shape everything that follows. Let us help you preserve your rights and fight for your freedom.