Legal Question in Civil Rights Law in Minnesota

Why would a judge deny lifting a no contact order that was put in place, but not by me

Asked on 2/27/13, 10:42 am

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. A "no contact order" is a type of order of the court usually issued by a judge in criminal court. The criminal defendant (or juvenile offender in a delinquency proceeding) is ordered not to have contact with someone. A domestic abuse no contact order is also known by its acronym, ‘DANCO’. A DANCO may be issued for domestic abuse, harassment or stalking (see Minnesota Statutes 609.749), or violation of a court order for protection, or violation of a prior DANCO. A DANCO may be issued as a pretrial order, meaning prior to a final disposition (decision) of the underlying criminal case or post-conviction probationary order.

Considerations for the court in deciding whether or not to ‘lift’ (remove) the order, of course, include whether or not there is an ongoing danger of additional confrontations (jeopardizing personal safety). The wishes of the alleged victim matter but do not determine outcome.

If you face this issue, then definitely I recommend that you have an attorney assistance. The attorney will provide counsel to you and advocate for your interest. Your communication with the attorney offers important attorney-client privacy safeguards. I recommend you telephone several attorneys in choosing, because it is important that you feel great trust with the attorney you select to help you. All the best.

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Answered on 2/27/13, 11:15 am

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