DANCO (Domestic Abuse No Contact Order) vs OFP (Order For Protection)
When facing domestic violence or abuse, it’s crucial to understand the difference between a Domestic Abuse Non-Contact Order (DANCO) and an Order for Protection (OFP). Both aim to keep individuals safe but operate differently. Understanding these differences can help victims find appropriate legal support. Today, AAA Bail Bonds will discuss these orders, their implications, and the consequences of violations in Minnesota.
What are the key differences between a DANCO and an OFP?
A Domestic Abuse Non-Contact Order (DANCO) and an Order of Protection (OFP) are both legal tools meant to protect individuals from abuse, harassment, stalking, or other unwanted contact but they differ in scope and how they are enforced.
A DANCO is a legal order issued by a Court as part of a criminal case and specifically aims to prevent any contact or communication between the defendant and the victim. On the other hand, an OFP is a civil order, meaning it doesn’t result from a criminal charge. A person (petitioner) can apply for an OFP when there has been an occurrence of domestic abuse, and the petitioner and respondent are family or household members.
In terms of enforcement, an OFP is a civil matter, so it often depends on the victim to report any violations. In contrast, law enforcement has the authority to arrest someone with a DANCO order against them without a warrant on probable cause if they believe the order has been violated.
What Does “No Third-Party Contact” Mean?
In Minnesota, “no third-party contact” in a DANCO or OFP means that the person subject to the order is prohibited from having anyone else communicate with the protected party on their behalf. This includes friends, family members, or any other individuals.
This condition is intended to ensure that the individual ordered to stay away from the protected person does not use friends, family members, or others to sidestep the no-contact order. Violating this condition can lead to legal consequences, so it’s vital for the person the order is against to understand and follow it completely. Consulting a legal professional would be advisable if you have specific questions about how this condition applies in a particular situation.
Will Posting Bond Lift a DANCO?
Posting a bail bond does not usually lift a DANCO in Minnesota. The bond typically relates to the conditions of release from custody, while the DANCO is a separate court order intended to protect the victim.
An OFP can be modified or canceled at the request of the individual being protected by the order at any time. Additionally, the person the OFP has been filed against can request a hearing to fight an ex parte OFP order within 20 days of being served. Whereas, with a DANCO, a motion must be filed with the Court to alter or lift the order, and the judge will want to review the circumstances through a motion hearing. This often involves a hearing where both parties can present their case. If you’re dealing with an OFP or DANCO, it’s best to consult a legal professional for guidance on the specific steps you can take in your case.
What Happens if You Violate a DANCO or OFP in Minnesota?
If you violate a Domestic Abuse No Contact Order or Order For Protection in Minnesota, several consequences can occur:
- Criminal Charges: Violating a DANCO or OFP is considered a misdemeanor, which can lead to criminal charges. If you have prior violations, the charges may be elevated to gross misdemeanor or felony levels.
- Arrest: Law enforcement can arrest you if they have probable cause to believe you have violated the order.
- Court Hearing: You may have to attend a court hearing where the judge will review the circumstances of the violation.
- Increased Penalties: If found guilty, penalties can include fines, probation, or even jail time, depending on the severity of the violation and your criminal history.
- Impact on Other Legal Matters: A violation may adversely affect any pending cases related to custody, divorce, or other civil matters.
It’s essential to take both orders seriously and seek legal advice if you have questions or concerns.
While it’s difficult to summarize any law’s complexities, resources are available to answer some of the most frequently asked questions about DANCOs and OFPs in Minnesota. If you or someone you know has been arrested in a domestic abuse case or for violating a DANCO or OFP, AAA Bail Bonds is here to help 24/7.
