In the state of Minnesota, when a crime is committed against a family or household member, the court may issue an order restraining the defendant from returning home or having any contact with the alleged victim; this is known as a Domestic Abuse No Contact Order (DANCO). This No Contact Order is different than an Order for Protection or a Harassment Restraining Order because it is not sought by the alleged victim, rather a temporary order issued by a judge in conjunction with a criminal case. As are all restraining and no contact orders, a DANCO is unilateral, meaning only one party is restrained from communicating with the other.
Below, our Minneapolis defense attorneys discuss DANCOs and the potential penalties for their violation.
Any contact with the protected party/alleged victim, whether direct or indirect, is considered a violation of the DANCO. Common violations include the restrained person personally contacting the protected person either by phone or electronic means, a third party contacting the protected party on behalf of the restrained person, and the restrained person responding to the protected person after the protected person reaches out to the restrained party.
In addition to a DANCO violation being a violation in the pending criminal case, each DANCO violation may also be charged as a separate crime. To that end, it’s possible for a DANCO violation to result in many separate charges. Individuals charged with violations of DANCOs can face severe consequences such as jail time, heavy fines, loss of firearm privileges, and more.
If you are facing a DANCO violation, there are crucial steps you must take to protect your rights. You first need to contact an experienced defense attorney to discuss your unique case. Together, you and your attorney can discuss whether pursuing any modifications to the DANCO are appropriate (such as communication relating to children shared between the restrained and protected parties).
If you or someone you love is facing a DANCO violation, it’s of the utmost importance to contact one of our experienced Minneapolis attorneys to defend your rights.
At Caplan & Tamburino Law Firm, P.A., we have the experience and resources needed to protect your best interests in this complicated area of the law. Our team uses our decades of legal experience to prevent the judicial infringement of your constitutional rights, and we will fight to obtain the best outcome for your unique situation.
We encourage you to contact us today at (612) 444-5020 to schedule a consultation with our team.