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

Q: After court I noticed that the DANCO order stated that I can’t trespass to my own home

After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has given no updates and is not responding. Is there anything I can do? Can I just show up at a court and see if I can talk to a judge? This needs to be resolved immediately. My son has home based medical therapies and now we’re forced into a hotel I can’t afford. Please someone help point me in the right direction. Thank you!

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1 Lawyer Answer

A: No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until then, you are going to have to remain away from your home. There is also no guarantee that the address will be removed from the DANCO as that would require the other party involved in this case to leave the home.

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