If you have been charged with a domestic abuse crime in Minnesota, you probably also have had a DANCO issued against you. You may have questions about what a DANCO is, what it means for your life and your family, and whether the order can be removed. If you are in this situation, you need the help of an experienced Minnesota criminal defense attorney to help you understand your circumstances and how best to move forward. Each case is unique, but this blog gives general information about Domestic Abuse No Contact Orders in Minnesota. The attorneys at Sieben Edmunds Miller are available to discuss your individual case at any time. Contact us now.
What is a DANCO?
A DANCO is a Domestic Abuse No Contact Order. A DANCO is issued against a defendant in a criminal case for domestic abuse, harassment or stalking against a family member, violation of an order for protection, or violation of a prior DANCO.
When is a DANCO ordered?
A DANCO may be ordered following arrest as a pretrial order. A defendant who posted unconditional bail on pretrial release may still be subject to a DANCO.
This catches many people off guard. You might assume that posting bail gives you more freedom—but in Minnesota, bail and DANCOs are entirely separate. You could be out of custody yet still face restrictions that prevent you from seeing your partner, returning home, or even texting someone if they’re protected by the order. It’s a frustrating situation, especially when both parties want to reconcile, co-parent, or share financial responsibilities. Unfortunately, until the court modifies the order, the DANCO remains fully enforceable.
A DANCO can also be ordered as a postconviction condition of probation.
What does a DANCO mean?
A DANCO can prohibit all contact with the alleged victim in the case. This happens whether or not the alleged victim requests the DANCO—they don’t need to “press charges” and they don’t have the option to just drop the charges either. This is because the state is the one who files the charges, and the state (via the prosecutor) is the one in control of filing or dismissing charges. Once a DANCO is ordered, only a judge can make it go away.
In practical terms, this means that even if the alleged victim contacts you first—or pleads with the court to drop the order—it won’t be lifted unless a judge agrees that doing so is safe and appropriate. And remember: responding to a message, even if you didn’t initiate it, can be a violation. This can feel deeply unfair, but it’s how the law is currently structured. That’s why working with a defense attorney is critical—not only to petition for the DANCO’s removal but also to protect you from unintentional violations in the meantime.
The terms of a DANCO may include any or all of the following:
- No in-person contact
- No electronic contact
- No indirect contact – i.e., no passing messages through a third-party
- Staying a certain number of feet away from the alleged victim, their home, work, or certain other places
This means that the defendant may need to move out of their home until the case is resolved or the DANCO is dropped. It also means the defendant must take extraordinary steps to ensure they have no contact, even accidental contact, with the alleged victim.
We’ve worked with clients who couldn’t access important belongings, medications, or even their pets because of a DANCO. In some cases, family members step in to retrieve items, but that’s not always feasible. These restrictions, while meant to protect, can create major logistical problems and emotional strain. If you find yourself cut off from your home or children, your lawyer may be able to request limited modifications—like supervised exchanges or third-party communication—for urgent needs. But again, you cannot initiate this alone; everything must go through your legal representative.
How long does a DANCO last?
A pretrial DANCO could last for months—from the time of arrest until sentencing. And a probationary DANCO could be in place for years.
Why DANCOs Are Issued So Quickly—and Why It Matters
You might feel shocked or confused when a DANCO is issued right after an arrest, especially if the alleged victim didn’t request one. Many clients ask, “Why did this happen so fast?” The answer lies in how seriously Minnesota courts take any accusation involving domestic violence or harassment.
The issuance of a DANCO doesn’t require a hearing, evidence, or input from the accused—it’s often automatic. Judges will frequently sign off on these orders as part of a broader effort to ensure no further incidents occur before trial. Unfortunately, that often means people are removed from their homes or cut off from children and family, even before guilt or innocence is determined. That’s why legal guidance is essential from the start, especially if you hope to have the DANCO lifted.
What are the consequences of violating a DANCO?
Violating a DANCO is a criminal offense. The offense is enhanceable, meaning that subsequent offenses are subject to more severe penalties. The first violation of a DANCO is a misdemeanor. If convicted, the violator may be subject to a sentence up to 90 days in jail and a fine up to $1,000.00. A second violation within ten years is a gross-misdemeanor. The minimum sentence for a second DANCO violation in Minnesota is ten days’ imprisonment and court-ordered counseling. The maximum penalty for a gross-misdemeanor is one year in jail and a $3,000.00 fine. Three or more DANCO violations MN within ten years can be charged as a felony. A person found guilty of a felony DANCO violation may be sentenced to up to five years in prison and a fine up to $10,000.00. If the felony violation is committed while possessing a dangerous weapon, the minimum sentence is 30 days’ incarceration and counselling. In certain circumstances, courts may “stay” the minimum sentence, meaning that the incarceration portion of the sentence is not imposed unless the defendant violates the conditions of probation.
It’s worth noting that judges and prosecutors often take DANCO violations more seriously than people expect. Even if the contact was brief, peaceful, or mutual, it can be used to build a pattern of noncompliance. Prosecutors may argue that someone who violates a DANCO is unlikely to follow future court orders or probation conditions. That’s why even a first-time violation should be treated like a major legal issue. With multiple violations, the consequences increase significantly—and so does the urgency of getting legal support.
How does a DANCO order get dropped?
The process of requesting removal is a difficult process, and a judge will rarely issue a removal order on behalf of a defendant alone. But, there may be many reasons why both parties may want a DANCO removed:
- The allegations made by the prosecutor may have been false
- The alleged victim may not view the offense as serious enough to warrant a DANCO
- The couple may wish to continue their relationship or participate in counselling
- Neither party may not wish to move out of the family home and disrupt their lives
- The couple may have children together and need to communicate and coordinate parenting matters
Can the Alleged Victim Help Remove the DANCO?
This is a common question—and the answer is complicated. While the protected party can express a desire to drop the order, that alone won’t convince the court. Judges make these decisions based on public safety, legal history, and case specifics. However, a statement from the alleged victim can still be submitted as part of a formal petition, especially if it outlines their reasons and affirms that contact would not pose a risk.
That said, the protected party must be extremely cautious not to initiate contact themselves, even if they’re trying to help. Doing so may unintentionally cause the defendant legal trouble and may even put the alleged victim at risk of being called as a witness or facing contempt of court.
Only a judge may order the removal of a DANCO. If you want to have a DANCO removed, you need to work with a Minnesota criminal defense attorney who can file a petition with the court on your behalf. An attorney can advise you on the process, and how to navigate the court system without violating the existing DANCO. It is important that you follow the order until it has been lifted to avoid criminal consequences.
If you or a loved one are facing a Domestic Abuse No Contact Order, you can trust the experienced Minnesota lawyers at Sieben Edmunds Miller to advocate for you. Contact us today!
