Full Answer
What is a no contact order in Minnesota?
A "no contact order" is a type of order usually issued by a judge in criminal court that orders the criminal defendant not to have contact with someone. There can be both a "no contact order" and a Harassment Restraining Order. Read the law on harassment restraining orders at Minn. Stat. § 609.748.
How long does a no contact order stay in place?
The full hearing usually occurs within 30 days of the emergency hearing, which is when it is decided if the order stays in place and for how long. A no-contact order can be dropped if the protected person is no longer in danger.
When to apply for a no contact order?
A no-contact order is requested when a petitioner feels that are in danger. Usually the petitioner has been a victim of physical, verbal or emotional abuse. Besides victims of abuse, stalking victims are able to petition courts for no-contact orders.
What is a domestic abuse no contact order?
A domestic abuse no contact order is independent of any condition of pretrial release or probation imposed on the defendant. A domestic abuse no contact order may be issued in addition to a similar restriction imposed as a condition of pretrial release or probation.
How long is a no contact order in place?
The pretrial No Contact Order could be in place for months . And after sentencing, a judge may replace it with a probation No Contact Order, for years. But to know how to drop a no contact order; first you need to understand what it is. So let’s drill down into it.
Why drop a no contact order?
So to drop a no contact order, it helps if she knows how to go about it. And it also helps to have a witness lawyer helping make sure that she will be heard. Domestic violence cases, like many things, vary along a continuum. A few are horrific; but the vast majority are not.
Can a defendant post unconditional bail in Minnesota?
So, bottom line, a defendant can now post unconditional bail ( no pretrial release conditions); but still be subject to a DANCO . Minnesota Statutes §629.75, Subdivision 1 (b), says in part:
What is the name of the statute that states that domestic abuse is not a contact order?
But some people were not happy with that. So, several years ago Minnesota adopted a statute authorizing courts to issue a Domestic Abuse No Contact Order . That name is so long that we often use the acronym, DANCO.
Can you get bail in Minnesota?
And bail can be in the form of cash or a bond. Moreover, in Minnesota, we have the right to pretrial release on money only bail, or unconditional bail.
When is the distinction clear?
The distinction is clear when we look at the remedy for a violation of each.
Who reviews hearsay in police reports?
The prosecutor and judge will review the hearsay in the police reports, over and over. But people are not always the best historians when they are angry and drinking. (Discussing the events of the night in question is often not a good idea, though. So discuss with your lawyer before doing so.)
What is a domestic abuse no contact order?
A domestic abuse no contact order is independent of any condition of pretrial release or probation imposed on the defendant. A domestic abuse no contact order may be issued in addition to a similar restriction imposed as a condition of pretrial release or probation.
How long can a peace officer be in custody?
The person shall be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this subdivision is immune from civil liability that might result from the officer's actions.
What is a Danco in Minnesota?
The related criminal charge must be at least one of the following: Any domestic abuse charge, as defined by Minnesota law. Stalking or harassing a family member or household member.
What happens if you violate the Danco?
If you violate the terms of the DANCO, no matter what your intentions are, you could face fines, jail time, and court-ordered counseling. These penalties are in addition to any you may face due to the underlying charge. Never make contact with the alleged victim, even if they reach out to you first.
What Are the Terms of a DANCO?
The judge who issues the DANCO will decide the terms and restrictions. A DANCO will forbid certain direct or indirect contact between the two parties.
How long can you be in jail for warrantless arrest?
This warrantless arrest will result in you being in custody for 36 hours. This timeframe excludes the day of the arrest, Sundays, and holidays unless a judge releases you sooner. In reality, you could be in jail for longer than 36 hours.
Can a DANCO be lifted in Minnesota?
Remove No Contact Order Minnesota. The alleged victim cannot lift a DANCO, even if they want to see you or have you come home. Only a judge can lift a DANCO. If you have a DANCO in place, you need an experienced attorney to help you have the order lifted.
Can a judge refuse a DANCO?
A judge may refuse your request, modify the DANCO to allow certain contact, or even lift the DANCO entirely . There is a lot at stake, especially for defendants who must stay away from their own homes, or whose relationships with their families are compromised. You need an experienced criminal attorney to help you fight your DANCO.
Can you contact the alleged victim?
Never make contact with the alleged victim, even if they reach out to you first. In many cases, your contact will leave an electronic trail, including emails, phone records, or texts. A DANCO violation is often easy to prove in court. Violating the terms of your DANCO will only make your situation worse.
What is "no further contact" in a sentence?
In all likelihood, the sentencing documents won't specifically spell out, "no further contact for X-number of months, but rather "no further contact" will be listed as a condition of the sentence. If he is not in jail, then he's on probation and there are things he must do in order to satisfy the conditions of probation. Those conditions, such as go to domestic violence intervention classes, have no contact with you, etc., will be listed on the sentencing documents. The conditions are in effect for the entire length of the sentence or until probation terminates.
Does a sentencing order have to have the length of the no contact order?
The judge's sentencing order should have the length of the no contact order in it.
What Is A No-Contact Order?
A no-contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet. This type of order is filed when an action has already taken place. For instance, if there is a domestic abuse charge, a no-contact order would prohibit the abuser from coming into contact with the victim. A restraining order also prohibits two people from coming into contact, but there is one main legal difference. With a restraining order, a dispute or crime does not have to take place first – it can simply be used as a preventative and protective action.
What is a temporary no contact order?
If the victim is in immediate danger, a temporary no-contact order can be filed to speed up the process of making the agreement official. However, to implement a permanent no-contact order, there must be a court hearing first.
How to get a no contact order lifted?
To get a no contacted or lifted, the protected person will need to reach out to the county clerk in the jurisdiction the complainted was filed. The details of terminating a no contact order can vary by jurisdiction.
What is a no contact order violation?
No Contact Order Violation. A violation of a no-contact order is serious and against the law. A no contact order violation happens any time the defendant comes in contact, directly or indirectly, with the protected person. Many orders forbid the defendent from physically harming the victim, as well as from carrying a firearm or weapon.
What is a restraining order?
With a restraining order, a dispute or crime does not have to take place first – it can simply be used as a preventative and protective action.
Can stalkers petition courts?
Besides victims of abuse, stalking victims are able to petition courts for no-contact orders. The stalking must have consisted of unwanted correspondence (letters, emails, phone calls, etc.), repeatedly over a period of time.
Can a defendant contact a protected person?
It will also specifiy that the defendant may not contact the protected person, directly or indirectly. In some cases, the no contact order form will require the defendant to give up any firearms they have in their posession until the order is lifted.
How long is an ex parte restraining order?
Grant an Ex Parte Harassment Restraining Order - meaning that a temporary two-year order is granted without a hearing.
What are the laws in Minnesota for domestic violence?
The following is a list of some of the laws and rules about domestic abuse and harassment in Minnesota. Minnesota Statutes Chapter 518B Domestic Abuse Act. Minnesota Statutes § 609.748 Harassment; Restraining Order. Minnesota Statutes Chapter 260C Child Protection. Minnesota Rules of Civil Procedure.
Where to file a restraining order?
Step 1: Complete your Petition for Harassment Restraining Order forms and file them in court in either the county where you or the Respondent lives, or in the county where the harassment happened.
What is a harassment in Minnesota?
What is Harassment under Minnesota law. a single incident of physical or sexual assault; a single incident of using someone's personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act; a single incident of sharing private sexual images of someone without permission;
What is the domestic abuse law in Minnesota?
ch. 518B. That law defines domestic abuse as one of the following acts committed by a family or household member against another family or household member: infliction of physical harm, bodily injury, or assault; infliction of fear of imminent physical harm;
Who is the respondent in a harassment case?
The Respondent could be any adult (s) or juvenile (s) alleged to have engaged in harassment, OR an organization alleged to have sponsored or promoted harassment.
Do you have to use an advocate for OFP?
Fill Out OFP Forms Packet. You do not have to use an advocate. If you choose to ask for an OFP on your own, the MN Judicial Branch does publish OFP Forms Packets. If you are the person asking for an OFP, you are called the "Petitioner" in the case, and the other party is called the "Respondent.".
How many copies of a no contact order do you need?
You'll need one copy for your records, plus one copy for the other party listed on the no-contact order and one copy for the prosecutor's office.
What happens if you get a no contact order?
After a criminal conviction on domestic violence charges, the judge typically issues a no-contact order. This order provides stiff sanctions, including jail time, if the offender attempts to contact the victim of the assault. However, sometimes a no-contact order is impractical – for example, because the two people have a child together, or because they have renewed their relationship. Keep in mind that these orders exist to protect victims of domestic violence, and for this reason getting one dropped can be an uphill battle, even if you are the person the order is supposed to protect.
How to modify a no contact order?
1. Contact the court clerk. Before you start drafting a motion to modify your no-contact order, call or visit the clerk's office in the court that issued the order. The clerk can give you more information about the procedure, and may have forms you can use for your motion.
Why do you need an attorney for a no contact order?
Because judges often are predisposed against dropping a no-contact order, having an attorney on your side can ensure the best arguments are made. If you're the criminal defendant, the attorney who represented you in the criminal case may be able to help you with your motion to terminate or modify the no-contact order.
How many copies of documents do you need to file a no contact order?
After you've signed your documents, make at least three copies of everything you need to file with the court. The clerk will keep the originals. You'll need one copy for your records, plus one copy for the other party listed on the no-contact order and one copy for the prosecutor's office.
How much does it cost to file a no contact order?
When you file your motion, you'll have to pay a filing fee – typically around a hundred dollars.
How to get a no contact order dropped?
2. Explain your position to the judge. Since it's your motion, the judge typically has you speak first. Using your notes, tell the judge in your own words why you want the no-contact order dropped. Stick to the facts, and focus on the future rather than the past. Keep in mind that the no-contact order is preventative.
