Parenting after a breakup can be complicated, especially when there’s a Domestic Abuse No Contact Order (DANCO) in place. These court orders are meant to protect one party from harassment or contact by another — but when children are involved, things can get confusing fast.
If you’ve been charged with violating a DANCO during a parenting-time exchange in Minnesota, you’re not alone. Many parents accidentally violate these orders while trying to follow custody schedules. Unfortunately, even an unintentional violation can lead to serious criminal penalties.
What is a DANCO in Minnesota?
A Domestic Abuse No Contact Order (DANCO) is a court-issued order that prohibits contact between a defendant and a protected person in a domestic abuse, harassment, or certain assault cases.
Under Minn. Stat. § 629.75, a judge can issue a DANCO at any point after an arrest or conviction for domestic-related offenses — often as a condition of release, probation, or sentencing.
A DANCO can restrict:
- Any direct or indirect contact (calls, texts, social media, emails).
- Third-party contact (through friends or relatives).
- Physical proximity, meaning you can’t be near the protected person’s home, work, or school.
Violating a DANCO is a crime, even if the protected person initiates contact or “agrees” to meet.
Parenting-time complications with a DANCO
In many family law cases, parents share custody or parenting time, even when a DANCO exists. The problem is that criminal no-contact orders override family court orders unless the criminal court modifies or lifts the restriction.
That means you cannot:
- Attend parenting-time exchanges in person if your former partner (the protected person) will be there.
- Communicate directly with your co-parent to arrange schedules, pickups, or drop-offs.
- Visit your child’s school or home if it would cause you to violate the DANCO’s distance or contact terms.
Even if the contact seems harmless — like saying hello during an exchange — it can still count as a violation.
If you’re unsure how to safely exchange your children under a DANCO, your attorney can request a court-approved modification or alternative exchange arrangement.
What happens if you violate a DANCO
Violating a DANCO is taken seriously under Minnesota law. The penalties depend on whether you’ve violated before and whether violence, threats, or other aggravating factors were involved.
| Offense | Charge Level | Possible Penalties |
| First violation | Gross misdemeanor | Up to 1 year in jail and a $3,000 fine |
| Subsequent violations (within 10 years) | Felony | Up to 5 years in prison and a $10,000 fine |
| Violation involving violence or threats | Felony | Up to 10 years in prison and a $20,000 fine |
In addition, a DANCO violation can lead to:
- Revocation of bail or probation,
- New criminal charges, and
- Loss of custody or visitation rights.
What if the contact was accidental?
Sometimes contact happens unintentionally during a child exchange, a school event, or a medical emergency. Even if you didn’t mean to violate the order, you could still be charged.
However, your attorney can argue that the contact was:
- Incidental and unavoidable (for example, brief contact during a supervised exchange).
- Non-threatening and unintentional, with no attempt to harass or intimidate.
- A result of conflicting court orders (such as a family court order not updated to match the DANCO).
These defenses can be persuasive — especially if you followed prior court instructions or believed you were complying with both orders.
How to handle parenting-time exchanges safely
If a DANCO is in place but you have court-ordered parenting time, here are ways to avoid violations:
1. Use third-party or supervised exchanges
Ask the court to designate a neutral location or third-party facilitator for all exchanges. Many Minnesota counties have supervised visitation centers that can handle pickups and drop-offs safely.
2. Communicate through an attorney or parenting app
You cannot contact the protected person directly, but your lawyer or a court-approved parenting communication app (such as OurFamilyWizard) can help coordinate schedules.
3. Modify or clarify court orders
Your attorney can request a modification of the DANCO to allow limited, safe contact for parenting exchanges — often through third parties or supervised means.
4. Keep documentation
Always record the date, time, and method of exchanges and communication. If a misunderstanding occurs, documentation can help show that you were acting in good faith.
How the courts view DANCO violations involving children
Judges in Minnesota take both domestic violence and parenting stability seriously. When violations happen during parenting exchanges, the court will look at:
- Whether the contact was peaceful or hostile,
- Whether children were present,
- Whether alternative arrangements existed, and
- Whether you made an effort to comply with the order.
If the violation appeared deliberate or intimidating, it can affect your criminal case and your family law rights, including custody and parenting time.
For that reason, never try to handle parenting-time issues alone if a DANCO is active. Work through your lawyer and seek clear court direction before any contact occurs.
How Martine Law can help
At Martine Law, we represent clients in both criminal defense and family law — so we understand how these two systems overlap and conflict.
If you’ve been accused of violating a DANCO during a parenting-time exchange, we can:
- Review whether the alleged violation was accidental or unavoidable,
- Seek to modify the order to prevent future conflicts,
- Defend you against criminal charges, and
- Help you protect your parental rights while staying in compliance with court orders.
Our team can also coordinate with family court to request safe, structured exchanges that keep you and your children out of further legal risk.
Contact Martine Law today for a confidential consultation.
Key takeaways
- You can be charged with violating a DANCO even if the contact happened during a parenting-time exchange.
- A DANCO overrides family court custody orders until modified by the criminal court.
- Violations — even accidental — can result in jail time, fines, or felony charges.
- Always use neutral, third-party exchanges or ask your attorney to seek a court modification.
A lawyer experienced in both family and criminal law can protect your rights and help prevent further violations.
Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.