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A Minnesota domestic violence charge does not, by itself, answer whether you must leave home. Read every release order, domestic abuse no contact order (DANCO), Order for Protection (OFP) and other court order that applies. An order may require you to stay away even when your name is on the deed or lease.
If an order excludes you, comply while seeking legal advice about changing it. Do not treat permission from another resident as a substitute for court approval.
Criminal release conditions can restrict access to home
Under section 629.72, release conditions can prohibit direct or indirect contact and require a person to leave or stay away from the alleged victim’s home. Release decisions involve safety and appearance concerns. Do not rely on a single 36-hour calculation to predict release or permission to return.
A DANCO under section 629.75 is a separate order associated with a criminal proceeding. Ask counsel to identify each order and explain which addresses, people, communications and exceptions it covers.
An OFP can exclude a person from a shared home
An OFP is a civil order under section 518B.01. Subdivisions 6 and 7 authorize exclusion from a shared dwelling and other protective relief. An ex parte order may be issued when the application alleges an immediate and present danger of domestic abuse.
Criminal charges and an OFP case can proceed separately. Changing one order does not automatically change another. See our Minnesota domestic violence defense page for an overview of related legal issues.
What if I own the home or signed the lease?
Ownership or tenancy does not authorize you to disregard an exclusion order. At the same time, an OFP does not decide title to real estate; section 518B.01, subdivision 12 preserves that distinction. Ask about access, possession and ownership separately.
If you need medication, identification, work equipment or clothing, tell counsel what you need. Ask whether the order permits a specific retrieval arrangement or whether court authorization is needed. Do not enter the property or arrange contact through someone else unless the applicable orders allow it.
How can I ask to return home?
Give an attorney the complete orders, petition or complaint, service papers and hearing notices. Identify the exact restriction you want reviewed and your proposed arrangement. Preserve relevant messages, photographs and other records in their original form.
Rule 6.02, subdivision 4 provides for review of criminal release conditions on a party’s request. OFP hearing and modification procedures are separate. Follow the instructions and deadlines in your papers and get advice promptly. Continue complying until the court changes the relevant order.
What if I have not received an order?
Do not assume that missing paperwork means no restriction exists. Ask your attorney or court administration for the current orders and clarify any instructions given at release. Whether you otherwise have a right to occupy the property can involve tenancy, ownership or family-law issues that this article does not resolve.
What happens if I violate a restriction?
The consequences depend on the particular order and conduct. OFP and DANCO violations can be charged as misdemeanors, gross misdemeanors or felonies under their governing statutes. A violation of a release condition can also lead to a hearing and revised release terms under Rule 6.03; it is not accurate to label every release-condition violation a separate crime.
Returning to an excluded address, sending messages or using an intermediary may violate an order, depending on its terms. If a violation is alleged, preserve the records and seek legal advice rather than contacting the protected person to resolve it.
Request a review of your orders
When contacting Martine Law, have the county, case number, next hearing date and copies of every order available. Explain whether you need criminal defense, help with an OFP, or advice on a related family matter. Ask about the scope of representation and fees.
Your first conversation may be with a Director of Client Engagement (non-attorney), who helps with intake and scheduling and does not provide legal advice. An attorney reviews legal questions. Contact us to request a case review.
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This page states Minnesota law and is for general information, not legal advice.
