Understanding No Contact Orders as a Condition of Release and Domestic Abuse No Contact Orders
If you have recently had a domestic-abuse related charge, you may be concerned about whether or not you will be able to have contact with the alleged victim and with others that may be involved with the case. There are two governing areas of law that could restrict your ability to maintain contact: Domestic Abuse No Contact Orders (D.A.N.C.O.s) and No Contact Orders as a Condition of Release.
D.A.N.C.O.s:
Minnesota Statute section 629.75 governs D.A.N.C.O.s, which can be brought against a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding for crimes of: domestic abuse; harassment or stalking committed against a family or household member; a violation of an order for protection; or a violation of a prior D.A.N.C.O. The law is fairly broad in its application and applies to many charges of crimes against family or household members.
A judge can issue a D.A.N.C.O. either as a pre-trial order or as a post-conviction probationary order. It acts independently of any other release or probation orders. If you have a D.A.N.C.O. imposed, it is extremely important to not violate the Order as there are additional criminal penalties for a violation.
Once in place, the defendant (typically through an attorney) must petition the court in order for a D.A.N.C.O. to be lifted. The judge will consider many factors in determining whether to lift the order. These factors include, but are not limited to: time since the alleged offense; prior criminal record; the wishes of the alleged victim; and any counseling or psychological evaluations the defendant has had since the alleged offense. It is up to the judge’s discretion whether or not to lift the D.A.N.C.O. following the defendant’s petition. The judge could also modify the D.A.N.C.O. to allow for some types of contact. For example, the judge could order that a D.A.N.C.O. be left in place but be modified to allow for communication via e-mail for the purposes of parenting.
No Contact Order as a Condition of Release:
Minnesota Statute section 629.715 governs the “No Contact Order” as a condition of release from jail. A judge can independently impose a requirement that a defendant have no contact with the victim of an alleged crime as a condition of release.
If a No Contact Order is imposed independently by a judge, it will remain in effect until a defendant is convicted or acquitted of the crime or the charge is dismissed.
Important Considerations
It is important to note that No Contact Orders and D.A.N.C.O.s often require no contact with the alleged victim’s home and work. In many cases, these orders prohibit contact with children that a couple may have in common. This leaves a defendant unable to go home or contact his or her spouse or children for weeks or months. And these types of court orders, at least initially, often prohibit all indirect and direct contact, meaning that contact via e-mail, third persons, and phone will be prohibited. Additionally, it’s important to understand that these orders are a one-way street. They prohibit the Defendant from contacting the alleged victim but do not prohibit the alleged victim from contacting the Defendant. So if the alleged victim seeks out the Defendant for contact, the Defendant must walk away, hang up the phone, and actively work to avoid contact, or potentially be found in violation of the court’s D.A.N.C.O. or No Contact Order.
Navigating domestic abuse charges and D.A.N.C.O.s or No Contact Orders is difficult and the laws in this area are complex. This summary is by no means comprehensive, and if you are currently facing these types of charges, I recommend speaking with a lawyer about the specifics of your case as soon as possible. Please contact me if any of these circumstances apply to you or if you have any pending charges you would like to discuss. I am happy to answer any questions you may have.
By Megan O'Leary