If you are arrested for a domestic violence offense in Minnesota, then you will probably received a Domestic Violence No Contact Order, also called DANCO. DANCOs may also be issued in cases involving minors, terrorism, and stalking. A DANCO will severely limit the amount of interaction you can have with the accusing party.
And whether you are found guilty of the domestic violence charge or not, DANCO can negatively impact your life. If you have children, the impact can be even greater. It’s important to know what a DANCO is, how it works, and the best practices for handling it.
What is a DANCO?
DANCO stands for Domestic Violence No Contact Order. A DANCO is routinely issued by a judge in a domestic violence case against the defendant. It’s issued on a pretrial or probationary basis, as outlined by the Minnesota court system. This prohibits the defendant from contacting the alleged victim, regardless of circumstances surrounding the charges, until the case is dismissed or the defendant is sentenced.
A judge may also issue a DANCO as a term of probation. That means the defendant cannot have contact with the issuer while they are on probation. If they violate the order, it could void their probation and they could be going to jail.
The judge will lay out the terms of the no-contact order, which may include any or all of the following:
- No face-to-face contact. No conversations or interactions in person.
- No electronic contact. No emails, texts, or phone calls between the two parties.
- No indirect communication. No passing messages through a third party to each other.
- Staying a certain number of feet away from the victim. That means you’ll need to avoid their places of residence, work, and even the homes of their friends and family in order to avoid accidental contact.
If you are currently living with the alleged victim, then you’ll need to move out until the case is resolved or the court system drops the DANCO. You’ll need to be very careful about making zero contact with the other party either in person or online while the DANCO is in place.
The Minnesota court system takes DANCOs seriously. Violating the terms of a DANCO can result in severe punishments. Unfortunately, it’s easy to accidentally violate the order, especially if the two parties have children. And all it takes to for a warrant to be issued for an arrest in a DANCO violation is one party accusing the other of making contact.
What are the punishments for violating a DANCO?
DANCO violations are bad news for defendants. The violations can result in increased jail time and legal fees resulting from domestic violence charges. It could make the defendant in the case seem uncooperative to the judge, as well.
Violations will result in criminal charges. The first and second violations will likely be misdemeanor charges that go on your criminal record. If you end up violating the DANCO more than twice within ten years or violate it any number of times while in possession of a weapon, you will face a felony charge. That can carry a five-year prison sentence. Additionally, a felony charge of this type on your criminal record could hurt your future job, education, and housing prospects.
Can a DANCO be removed?
It is possible to remove a DANCO, but it’s rarely an easy process. But there are many reasons both parties may wish to have a DANCO removed:
- They do not view the offense as serious enough to warrant no contact
- They are not afraid of each other and want to continue their relationship
- They have children together and need to be able to communicate
- Neither party wishes to move out of the family home and disrupt their lives
While there are many good reasons for a DANCO, there are many situations where the no-contact order can be harmful. Couples may not wish to separate. And families with children will inevitably need to communicate with each other to coordinate school events, doctors appointments, and more. One parent having no contact with the other could limit their time with their children, creating bigger issues at home.
Should you hire an attorney?
If want to have a DANCO dropped, then you’ll need to work with a Minnesota criminal defense attorney who can file a petition with the court on your behalf. It’s unlikely that a defendant’s motion to drop a DANCO will be successful without the judge hearing from the alleged victim in the case. Depending on the judge, it may be necessary to gather victim statements or have the victim appear in court. An attorney can help to arrange for this to happen without either party violating the terms of the no-contact order.
Even if all parties are happy to have the DANCO dropped, it’s important that the defendant continues to follow the order until it’s been officially dropped by the courts. Violations can occur even when the alleged victim agrees the DANCO is unnecessary. That means the defendant could still end up facing criminal charges or serving jail time. An experienced criminal attorney can advise you on the best way to handle a DANCO and facilitate safe communication between the two parties.
What are the possible outcomes of the petition?
Once the court reads the petition to remove the DANCO, the judge may either drop or amend the existing order. They may decide to leave the order in place but allow some communication such as texting. If they drop the DANCO, then you can resume communication as normal.
Looking for a DANCO attorney in Minnesota?
If you are facing a DANCO along with another criminal charge, then you need to have an experienced Minnesota lawyer on your side. The Devore Criminal Defense team can help guide you through the criminal court system. An experienced legal team will help you avoid violations to a no-contact order and achieve the best possible outcome for your criminal charges.
Get in touch with our team today for a free consultation on your case. We’ve handled hundreds of criminal defense cases, building a reputation within the Minnesota court system as a tough but fair law firm who fights for the rights of our clients. Make sure you have the right legal team on your side and get in touch with us today to discuss options for your case.
Posted 5th September 2019 by DeVore Criminal Defense