WHAT EXACTLY IS A DOMESTIC ABUSE NO CONTACT ORDER?
A domestic abuse no contact order is an order that a judge issues against someone facing domestic assault charges.
Commonly referred to as a DANCO, this order prohibits a person charged with domestic assault from contacting the alleged victim. The order also prohibits the defendant from continuing to live with the alleged victim while the criminal case is pending.
A DANCO is almost always ordered by a judge in domestic assault cases. It is put in place at the beginning of the case, often when the criminal domestic assault charges are filed. At the first court appearance, or once bail is posted if the defendant is in custody, the individual is handed a piece of paper that details the individuals the defendant can no longer contact and the places the defendant can no longer go, including home. Similar to a DWI, in which a driver’s license is revoked as soon as criminal charges are filed, a domestic abuse no contact order is issued before a defendant is convicted of a crime. Contacting an individual protected by a domestic abuse no contact order is its own crime in Minnesota. Repeated violations can result in Felony charges.
CAN ANYTHING BE DONE TO FIGHT A DANCO?
The constitutionality of the statute that gives judges the power to issue a DANCO has been challenged on due process grounds, but the Minnesota Supreme Court upheld the validity of the statute.
Judges are often hesitant to lift a domestic abuse no contact order before resolving the underlying criminal case. 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. This does not happen in every case, but it can be done. We have successfully lifted DANCOs for clients. If a Judge refuses to lift DANCO while a case is still pending, arrangements can be made to retrieve personal belongings from the defendant’s former household.
SEEK LEGAL REPRESENTATION IF YOU ARE FACING DOMESTIC ASSAULT CHARGES
Domestic assault cases are very serious in Minnesota. These cases can add a tremendous amount of strain on an individual due to the serious nature of the criminal charges, and the need to find temporary living arrangements while the case is pending. This affects everything from a person’s job to caring for children.
HIRE ROSEMOUNT MINNESOTA’S BEST CRIMINAL DEFENSE LAWYERS
If you or someone you know is facing a domestic assault charge in Minnesota, contact our experienced criminal defense attorneys.
During the free consultation, our criminal defense lawyers will sit down with you and thoroughly explain your options.