DANCO vs. OFP in Minnesota: Definitions, Differences, and Defense Strategies
In Minnesota, a DANCO is a criminal order issued by a judge against a defendant's will, while an OFP is a civil order requested by a victim. A crucial difference is that a victim cannot drop a DANCO; only the court has the power to lift it.
When domestic disputes enter the legal system in Minnesota, the court will often restrict contact between the parties involved. However, the exact type of order used dictates how it is enforced, how long it lasts, and how it can be fought. The two most common orders are the Domestic Abuse No Contact Order (DANCO) and the Order for Protection (OFP).
Understanding the distinction is vital because violating either carries severe criminal consequences. While both aim to protect individuals from harm, they originate from entirely different branches of the law. If you are facing either order, using our directory to find a local Minnesota defense lawyer is the best step toward protecting your rights.
What is a DANCO (Domestic Abuse No Contact Order)?
A DANCO is strictly a criminal court order. It is governed by Minn. Stat. § 629.75. Its primary purpose is to completely prohibit a criminal defendant from having any contact-direct or indirect-with the alleged victim while a criminal case is pending or as a condition of probation.
How DANCOs are Issued by the State
Unlike civil orders, a DANCO is typically issued automatically by a judge during a defendant's arraignment or first appearance in criminal court. The alleged victim does not need to apply for it. In fact, a judge will often issue a DANCO even if the alleged victim begs the court not to. The state acts to separate the parties to prevent witness tampering or further altercations. The order remains in place until the criminal case is closed or the judge explicitly signs an order dropping it.
What is an OFP (Order for Protection)?
An OFP is a civil order created under the Minnesota Domestic Abuse Act, found in Minn. Stat. § 518B.01. It is designed to stop domestic abuse within families or households. Unlike a DANCO, an OFP can address civil matters such as temporary child custody, child support, and exclusive use of a shared residence.
How Individuals Request an OFP
An OFP must be actively requested by the person seeking protection. To obtain one, the individual must fill out Form OFP102, Minnesota, District Court, Petition for Order for Protection and submit it to the civil or family division of their local courthouse, such as the St. Louis County District Court, Duluth or the Olmsted County District Court, Rochester. A judge will review the petition and may grant an emergency (ex parte) order before scheduling a full evidentiary hearing where the accused can defend themselves.
Criminal Penalties for Violating a DANCO or OFP
Although an OFP is a civil order and a DANCO is a criminal one, violating either is a crime in Minnesota. The penalties escalate based on prior convictions.
A first-time violation of a DANCO or OFP is typically a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, if the violation occurs within 10 years of a previous qualified domestic violence-related offense, it becomes a gross misdemeanor. If a weapon is used during the violation, or if there are multiple prior offenses, the violation can be charged as a felony, resulting in years of prison time. Precedent such as State v. Romine, 757 N.W.2d 884 (MN Court of Appeals 2008) illustrates that Minnesota courts strictly uphold these orders, making any unauthorized contact a serious legal liability.
Defense Strategies for Contesting These Orders
Contesting an OFP requires appearing at the civil evidentiary hearing. Your attorney can cross-examine the petitioner, present contradictory evidence, and argue that the statutory definition of domestic abuse has not been met. Successfully defending an OFP is crucial to protecting your firearms rights and your standing in future family court cases.
Contesting a DANCO is entirely different. Because it is tied to an active criminal case, your lawyer must file a formal motion in criminal court requesting the judge to modify or lift the order. This is often done by showing that the defendant is participating in counseling, poses no threat to the alleged victim, and that maintaining the DANCO creates undue hardship on a family.
Frequently Asked Questions (FAQ)
Can the alleged victim drop a DANCO?
No. A victim has absolutely no legal authority to drop or cancel a DANCO. If the victim reaches out and invites you over, and you accept, you can still be arrested for violating the judge's order.
Can a person have both a DANCO and an OFP against them at the same time?
Yes. It is very common in Minnesota for a criminal court to issue a DANCO for the criminal charges while a family court simultaneously issues an OFP. You must obey the strictest conditions of both orders.
Does an OFP go on my criminal record?
The issuance of an OFP itself is a civil matter and does not give you a criminal record. However, if you are convicted of violating the OFP, that violation becomes a permanent part of your criminal record.
Can I text the protected person if it is an emergency?
No. Unless the court order specifically includes an exception allowing contact for certain emergencies (like medical issues with a child), any text message is a direct violation of the law.
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