Who Can File Or Obtain A Domestic Abuse No Contact Order In Minnesota?
A domestic abuse no contact order or a DANCO, as they are often referred to, is put in place by a judge. Parties do not seek them. A party can individually seek an order for protection if they want an additional layer of court order between them and a defendant.
What Is The Difference Between The Two?
The difference is that, because a DANCO is put forth by the court, only the court can dismiss it. Since the order for protection is put in place by an individual, the individual can request that it be dismissed.
Is An Order Always Put In Place In Any Domestic Violence Related Arrest By A Judge?
In the vast majority of domestic violence cases, an order is put in place without input from the complaining witness or the victim in the matter.
What Restrictions Or Limitations Does The DANCO Order Have On A Defendant?
A DANCO is a no contact order, which prohibits contact between the defendant and whoever the protected party is. Often, that means any contact between the defendant and protected party is prohibited. Sometimes a judge will make exceptions for telephone contact, email contact, or contact in a setting with a third party or therapist, but as a general practice, they all start out prohibiting all forms of contact between the defendant and the protected party. That includes third-party contact and electronic contact.
If I Have Children, Will I Be Able To Have Contact With Them If There Is An Order In Place?
If the children are named in the no contact order, then no, you cannot have contact with the children. If they are not named, then yes, you can have contact with the children. However, you cannot go through the protected party to facilitate the contact, unless it is specifically allowed in the order. In that situation, most people would have to have a third-party arrange contact between them and their children because they cannot do it themselves without violating the order. You should speak to a lawyer who can review the specific terms of your order to make sure you don’t violate it by accident.
Are There Different Types Of Orders Of Protection Or No Contact Orders Available In Minnesota?
The domestic abuse no contact order can be only put in place by a judge and is only put in place in domestic violence related cases. If someone has a case that is not related to a domestic but they still want to get a restraining order, then there are different types of restraining orders. There are orders for protection, which indicate that there is some sort of a relationship of a family or more intimate relationship between the two parties, or there is a harassment restraining order, which would be reserved for people who have less of a formal relationship, for example neighbors.
Is There Any Sort Of A Hearing That Takes Place With Regards To The No Contact Orders?
The DANCO is generally put in place at one of the other hearings for the criminal case. For an order for protection or a harassment restraining order, if you are the protected party, you can get one without having to appear in front of a judge. As long as the judge signs off on it, then there does not ever have to be a court appearance, unless the respondent requests one.
What Should I Expect To Happen At The Hearing?
If there is a hearing, if you are the person seeking the restraining order, you have to be prepared to talk about why it is that your request is valid and why it meets the standard under the law. If you are the person who is fighting against the restraining order, you need to be prepared to either refute the allegations made by the person asking for the order or be prepared to make a legal argument as to why that does not arise to harassment and the judge legally cannot issue a restraining order against you. You could expect that there may be witnesses that you want to have to testify. If you are testifying, then you are open to cross-examination by the other party. There may be evidence, sometimes in the form of text messages or phone logs.
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