Introduction
When an accusation of domestic violence is made in Minnesota, the court may issue a no contact order to protect the alleged victim from further harm. These orders can go into effect quickly — sometimes within hours of an arrest — and can carry serious legal consequences if violated.
Whether you are the subject of a no contact order or someone requesting one, understanding how these protective measures work is crucial. In this blog, we break down the types of no contact orders, how they are enforced, and what they mean for your legal rights and family life.
What Is a No Contact Order?
A no contact order is a legal directive issued by a court that prohibits one person (usually the accused) from contacting another person (usually the alleged victim) in any form. This includes:
- In-person contact
- Phone calls
- Text messages or emails
- Social media interaction
- Contact through third parties
In Minnesota, no contact orders are common in domestic violence, harassment, stalking, and assault cases.
Types of No Contact Orders in Minnesota
Minnesota law distinguishes between several types of protective orders that serve different purposes depending on the nature of the case:
1. Domestic Abuse No Contact Order (DANCO)
A DANCO is issued in criminal cases involving domestic violence or assault. It can be:
- Issued automatically after an arrest
- Ordered at a bail hearing
- Active until the case is resolved, and sometimes even after sentencing
A DANCO prohibits the defendant from contacting the alleged victim. If violated, the defendant could face new criminal charges, including jail time.
Note: You do not need to request a DANCO — the judge often issues it independently as part of the criminal proceedings.
Learn more at Minnesota Judicial Branch – Criminal Cases
2. Order for Protection (OFP)
An OFP is a civil order available under the Minnesota Domestic Abuse Act. It can be requested by a person who:
- Has been a victim of domestic abuse
- Shares a household or intimate relationship with the abuser
An OFP may include:
- No contact
- Orders to leave the home
- Custody and visitation rules
- Firearm surrender
Unlike DANCOs, OFPs are not automatic. The alleged victim must petition the court to obtain one. A judge may grant an emergency ex parte OFP and later hold a hearing to decide whether a longer-term order (up to two years) is justified.
Helpful link: LawHelpMN – Orders for Protection
3. Harassment Restraining Order (HRO)
An HRO is used when the parties do not have a domestic relationship, but harassment has occurred. Examples include:
- Stalking by a neighbor or coworker
- Repeated unwanted contact or threats
HROs may include no contact provisions and restrictions on physical proximity.
How Are No Contact Orders Issued?
For Criminal Cases:
After a domestic violence arrest, a DANCO can be issued:
- At the initial court appearance (arraignment)
- As a condition of bail or pretrial release
- By the sentencing judge
The court may issue the DANCO without the consent of the alleged victim, especially if there’s concern for safety.
For Civil Orders (OFPs or HROs):
The alleged victim must:
- File a petition in family or district court
- Provide written statements and evidence of abuse or harassment
- Attend a hearing, where both parties can testify
If the judge finds sufficient evidence of danger or harassment, the order is granted.
What Do No Contact Orders Prohibit?
Depending on the court’s terms, a no contact order may restrict:
- Physical contact of any kind
- Communication by phone, text, email, or mail
- Visits to the victim’s home, work, or school
- Third-party communication (asking someone else to deliver a message)
- Possession of firearms
Even accidental contact can lead to a violation. For example, if you run into the protected person at the grocery store, you must leave immediately.
Can a No Contact Order Be Modified or Lifted?
Yes, but it depends on the type of order.
DANCO:
Only the court can modify or cancel a DANCO. Even if the alleged victim wants contact, the defendant must petition the court and show:
- The victim consents to contact
- There is no continuing risk of harm
- The purpose of the order has been served
Until the judge approves the change, the order stands. Violating it — even with mutual consent — is a criminal offense.
OFP or HRO:
The protected person can request to modify or terminate the order by filing a motion. The court will consider whether:
- The protected party is no longer in danger
- Circumstances have changed since the order was issued
- Continued protection is still necessary
At Martine Law, we help clients navigate these procedures on both sides of the case — whether you are seeking protection or challenging unfair restrictions.
Consequences of Violating a No Contact Order
Violating a no contact order in Minnesota is serious. Penalties may include:
- Arrest on new charges
- Contempt of court
- Jail time (up to 5 years for repeat violations)
- Fines
- Additional conditions in the criminal case
The violation itself can be used as evidence in the underlying case and make defending against the original charges more difficult.
How No Contact Orders Affect Custody and Family Life
No contact orders can complicate parenting arrangements, especially if both parents share custody or visitation rights. Courts may:
- Assign temporary custody to the non-accused parent
- Order supervised visitation through third-party centers
- Delay or limit parenting time until the case is resolved
If you have been falsely accused and blocked from seeing your children, an attorney can help file motions to clarify or modify the order while preserving your parental rights.
What to Do If You Are Served with a No Contact Order
- Do not violate the order under any circumstances
- Read the terms carefully to understand what is restricted
- Contact an attorney immediately to begin your defense
- Attend all court hearings and provide any evidence that supports your version of events
Your actions during this time can significantly affect the outcome of both the order and any related criminal charges.
Contact Martine Law for Guidance
No contact orders are powerful tools designed to prevent harm — but they are also prone to misuse. If you are facing restrictions that affect your freedom, your relationships, or your parenting rights, Martine Law can help.
We understand the stakes in domestic violence cases and will fight to protect your rights and reputation.