Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO
I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact
A:
There is no form or petition for this. A DANCO can only be lifted by a judge.
If you wish to have the DANCO lifted or modified, I would start by reaching out to the victim's advocate assigned to the defendant's case. In almost all domestic violence cases, there is a victim's advocate who works closely with the State to relay information between the parties and provide support and resources to the victims. If you do not know who the victim's advocate is for this case, you may want to contact the prosecutor and request their information. The victim's advocate should be able to relay your wishes to the State, and ultimately the Court, that the DANCO lifted. The defendant's attorney can also ask the Court to modify/lift the DANCO as well. I would highly discourage reaching out to the defendant directly, as any communication (even if consensual) could trigger a DANCO violation and penalties.
Best of luck.
Robert Kane agrees with this answer
A: There is no form for this. You can certainly submit a letter to the Court asking for the DANCO to be modified or cancelled. The decision of whether that occurs is ultimately up to the judge who is assigned to handle the case. It is unlikely that the DANCO will be modified or cancelled if the criminal matter is still pending.
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