Davis DefenseCriminal Defense • Minnesota

Minnesota DANCO, OFP & Restraining Order Violations

These charges are common and easy to accidentally violate. We protect your rights and defend your future.

Attorney Andrew Davis

Understanding DANCO, OFP, and Restraining Orders in Minnesota

These orders are issued quickly, sometimes at arraignment, sometimes as bail conditions, and sometimes without your input. They prohibit all contact in almost every form:

  • Texts, calls, emails, and social media messages
  • Liking or commenting on posts
  • Third-party messages sent through friends or family
  • Being near the person’s home, workplace, or vehicle
  • Receiving or answering calls from the protected person

Even if the alleged victim asks to reconcile, wants to talk, or wants the order removed, the order remains fully active until the court says otherwise.

Penalties for DANCO Violations in Minnesota

Penalties increase dramatically based on your record:

  • Misdemeanor (first offense) Up to 90 days in jail and a $1,000 fine.
  • Gross Misdemeanor (one prior within 10 years) Up to 1 year in jail and a $3,000 fine.
  • Felony (two or more priors within 10 years) Up to 5 years in prison and a $10,000 fine.

Each contact can be charged separately, meaning multiple texts can result in multiple charges.

Why These Cases Are So Easy to Violate

Most violations are not intentional. They happen because:

  • The alleged victim reaches out first
  • Parents share children and need to coordinate schedules
  • A mutual friend passes along a message
  • Accidental run-ins happen in small communities
  • Emotions run high during breakups or pending domestic assault cases
  • Phone numbers are not blocked correctly

How We Defend DANCO & OFP Violations

We look at every detail of your case, including:

  • Whether the contact was accidental or unavoidable
  • Whether police or prosecutors misinterpreted communications
  • Whether law enforcement had probable cause for the arrest
  • Whether the protected party initiated the contact, which can help your defense
  • Whether your underlying domestic assault case is weak
  • Whether a motion to modify the order is appropriate

Our goal is to reduce or dismiss the charge, protect your criminal record, and stabilize your situation so you can move forward safely.

If You Have a DANCO or OFP, Do This Immediately

To protect yourself from further charges, follow these steps:

  1. Do not communicate with the protected person in any form even if they contact you.
  2. Block the number and all social media channels to prevent accidental contact.
  3. Call a defense lawyer who can file motions, communicate on your behalf, and potentially modify the order.
  4. Document any unintentional contact or unexpected run-ins.
  5. Stay patient violations often happen when people feel pressured or emotional. Protecting your record comes first.

Why Clients Trust Davis Defense

Andrew has handled hundreds of domestic-related cases, including DANCO violations, domestic assault, 911 interference, and probation violations. He knows how emotional, confusing, and high-stakes these cases can be. We focus on:

  • Fast intervention, including help with bail
  • Preventing additional charges
  • Filing motions to modify or remove the order
  • Protecting your parental rights
  • Challenging weak or retaliatory allegations
  • Keeping your record as clean as possible

A DANCO or OFP violation doesn’t make you a criminal—it makes you human. Let us help protect your future.

Minnesota DANCO & OFP Violation FAQ

What exactly is a DANCO in Minnesota?

A Domestic Abuse No-Contact Order (DANCO) is a court order prohibiting any contact direct or indirect with the alleged victim in a domestic-related case. This includes texts, calls, social media, being physically near them, or communication through third parties. Only a judge can modify or remove a DANCO, even if the alleged victim wants contact.

Can I be charged if the alleged victim contacted me first?

Yes. The law places the responsibility entirely on the defendant not the alleged victim. Even if they call you, text you, ask to meet, or say the order is 'being lifted,' you can still be arrested and charged. This is one of the most common and frustrating situations we see.

Is a DANCO violation a felony?

It depends on your history. A first-time violation is a misdemeanor (up to 90 days in jail and a $1,000 fine). One prior within 10 years makes the new charge a gross misdemeanor (up to one year in jail and a $3,000 fine). Two or more priors within 10 years make it a felony (up to 5 years in prison and a $10,000 fine).

How can the state prove a DANCO violation?

These cases are often proven through recorded jail calls, text messages, screenshots, phone logs, social media communication, witness reports, or police observation. Because the evidence is often digital, prosecutors move fast and mistakes are common. We review every detail for weaknesses and unlawful police actions.

Can a DANCO be modified or removed?

Yes, but only by a judge. Your attorney can file a motion to modify the order, which may allow contact, limited contact, or contact regarding children. The alleged victim cannot remove the order themselves.

What should I do if I accidentally violated the order?

Stop all communication and call an attorney immediately. Do not send follow-up messages, explanations, or apologies these will be used against you. Fast legal action can often prevent additional consequences, negotiate your release, or begin modifying the order.

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