Bemidji, MN asked in Criminal Law and Domestic Violence for Minnesota

Q: Am I able to request that my ofp be turned into a danco?

I have an ofp on my ex and have had it renewed, if u will 3 times over the last almost 5 years. He has been violated on this ofp. He recently bought a house on my road and is even closer to my home then before. Just out of the 1000ft ordered range. He drives by all hours of the night and is stalking my home. His family also harass/stalks me and my family. Cops will do nothing. (He's a ci) It's night so I can't catch him on camera. There were at least 6-7 other houses for sale that met his criteria when he bought this one. (I did print them for proof) can I request my ofp to become a danco? Is there something more I can do?

2 Lawyer Answers

A: No, there is no process whereby an OFP can be modified into a DANCO. You could certainly seek to have the terms and conditions of the OFP to be modified to make it more restrictive if the respondent has moved on your same street

A: No. a court cannot turn an OPF into a DANCO. A DANCO (Domestic Abuse No Contact Order) is based on a statute that allows a court to issue such an Order in a criminal case. So if a person is a defendant in a criminal case involving "domestic abuse" then the judge could issue a DANCO against the criminal defendant. An OFP, on the other hand, is the product of a civil action brought to court by a private party. But a violation of either can result in arrest and a criminal charge (either "Violation of an OFP" or "Violation of a DANCO"). They are similar, in terms of legal remedy.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.