Minneapolis, MN asked in Criminal Law, Family Law and Domestic Violence for Minnesota

Q: How do you get a danco dropped or can you even? If you modify an ofp does that modify the danco as well?

By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the danco to be dropped or modified?

3 Lawyer Answers
William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: No, they are separate orders. The OFP is entirely separate from the DANCO.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: In Minnesota, the parties in an Order for Protection ("OFP") case are two individual people, the "Petitioner" and the "Respondent." As a result, the Petitioner has the right, in the civil OFP case, to ask the court to vacate and dismiss the OFP. And the Court will. But, in contrast, in a criminal prosecution the parties are the government vs. the defendant. As a result, the main witness does not have the legal authority to dismiss the Domestic Abuse No Contact Order ("DANCO") in the criminal case. On the other hand, the witness can do many many effective things to convince the Court to drop the DANCO. For more on that, seem my blog article "How to drop a No Contact Order in Minnesota."

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