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

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

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

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.

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