How to Get a DANCO Lifted or Modified in Minnesota Courts

A Domestic Abuse No Contact Order (DANCO) is one of the most disruptive aspects of a domestic violence charge in Minnesota. It forces you to immediately leave your home, cuts off contact with your partner, and can severely complicate your ability to parent your children. Many couples mistakenly believe that if the protected party simply tells the police they want to reconcile, the order disappears. That is entirely false.

Under Minn. Stat. § 629.75, a DANCO is a direct command from the state court. Violating it, even with the victim's explicit permission, is a new criminal offense. To legally restore contact, you must navigate a formal judicial process. Our website can connect you with skilled Minnesota defense attorneys who know how to effectively petition the court to lift or modify these rigid orders.

Step-by-Step Process to Modify or Lift a DANCO in Minnesota

Whether your case is located in the Dakota County District Court, Hastings, the Washington County District Court, Stillwater, or the Anoka County District Court, Anoka, the procedural steps to modify a DANCO are consistent across the state.

Step 1: Filing the Formal Motion

Your attorney will prepare and file a formal motion with the criminal court that issued the order. While local practices vary, this generally involves drafting and submitting a formal Notice of Motion and Motion to Modify or Dismiss a DANCO under the Minnesota Rules of Criminal Procedure. This legal brief explains why the order is no longer necessary and how the defendant has complied with all court requirements thus far.

Step 2: Input from the Protected Party

The judge will rarely drop a DANCO without knowing the protected party's wishes. The alleged victim can contact the court or the prosecutor's office to express their desire to have the order lifted. The victim is usually required to speak with a victim advocate before the judge will consider the request.

Step 3: The Modification Hearing

A hearing is scheduled where your attorney, the prosecutor, and sometimes the protected party appear before the judge. The defense will present arguments-such as the defendant's enrollment in a domestic abuse program or the severe financial hardship the separation is causing. The judge weighs the safety of the victim against the burden of the order before issuing a final ruling.

Married Couples Needing to Co-Parent

One of the most complex situations involves married or unmarried couples who share children. A standard DANCO prohibits all contact, making child drop-offs, school decisions, and emergency medical communications nearly impossible without violating the law.

In these scenarios, attorneys frequently ask the judge to modify the DANCO to allow 'third-party contact' for child visitation or direct digital communication strictly limited to parenting matters. For example, the judge might amend the order to allow the use of co-parenting apps like OurFamilyWizard, while still prohibiting physical contact or discussions about the criminal case.

Retrieving Personal Property from a Shared Residence

When a DANCO is issued, the defendant is immediately barred from returning to their home, even if their name is on the lease or mortgage. You cannot go back to pack a bag or grab your work laptop.

To retrieve property legally, you must request a specific modification or utilize a police escort. Minnesota courts routinely allow defendants a one-time, law enforcement-escorted visit to the residence to collect essential belongings (clothing, medications, work tools). You must arrange this strictly through the local sheriff's department or police precinct, ensuring the protected party is notified.

The Role of the Victim Advocate

In Minnesota, the victim advocate plays a massive role in whether a judge agrees to drop a DANCO. Victim advocates are employed by the county or state to support victims of domestic violence. Before a judge lifts an order, they almost always require the protected party to meet with the advocate to create a 'safety plan'.

The advocate ensures the victim is not being coerced or threatened into asking for the order to be dropped. If the victim advocate reports to the judge that the victim seems terrified or pressured, the judge will almost certainly deny the motion to lift the DANCO, regardless of what the victim claims on paper.

How Long Does the Process Take?

Getting a hearing on the court's calendar usually takes anywhere from 2 to 4 weeks. If the protected party is highly cooperative and quickly completes their safety plan with the victim advocate, the judge might approve the modification at that first hearing. However, if the prosecutor objects strongly or the underlying criminal charges are severe, the judge may refuse to lift the DANCO until the criminal case completely concludes, which can take several months.

Frequently Asked Questions (FAQ)