A DANCO order, short for Domestic Abuse No Contact Order, is a Minnesota criminal court order that bars a defendant from contacting a specific person while a domestic violence case moves through the system. Authorized under Minnesota Statutes § 629.75, it can be imposed at the defendant’s first court appearance and can continue through probation if a conviction follows.1Minnesota Office of the Revisor of Statutes. Minnesota Code 629.75 – Domestic Abuse No Contact Order Because it comes from the criminal side of the court system, the defendant, the protected person, and even the prosecutor cannot simply agree to cancel it. Only a judge can change or remove a DANCO.
DANCO vs. Order for Protection
Minnesota has two tools for keeping an accused person away from someone alleging domestic abuse, and confusing them is easy. A DANCO is part of a criminal case. The prosecutor and judge control it, and the protected person does not file anything to get one. An Order for Protection (OFP) is a civil remedy that the person seeking protection files on their own under the Domestic Abuse Act.
The difference matters most when someone wants the order lifted. A protected person can ask the court to dismiss a civil OFP because they initiated it. A DANCO belongs to the state. Even if the protected person tells the judge they want contact to resume, the court can keep the DANCO in place if public safety warrants it. A person can also be subject to both a DANCO and an OFP at the same time, covering the same relationship, with each order carrying its own penalties for violations.
When a Judge Issues a DANCO
A judge can issue a DANCO at several points during a criminal case. The most common moment is the defendant’s first court appearance following a domestic violence arrest. The order can also be imposed as a condition of pretrial release, separate from bail conditions, or as part of a probation sentence after conviction.1Minnesota Office of the Revisor of Statutes. Minnesota Code 629.75 – Domestic Abuse No Contact Order A DANCO is legally independent from other release conditions, meaning the court can stack it on top of whatever bail terms already exist.
The order applies to cases involving domestic abuse as defined in section 518B.01, harassment or stalking of a family or household member, violation of a prior order for protection, or violation of a previous DANCO.1Minnesota Office of the Revisor of Statutes. Minnesota Code 629.75 – Domestic Abuse No Contact Order “Family or household member” covers a broader set of relationships than many people expect, including current and former spouses, people who share a child, and people who are living together or have lived together.
A pretrial DANCO stays in effect until the case resolves, whether by dismissal, acquittal, or conviction. If the defendant is convicted and placed on probation, the judge can issue a new DANCO as a probation condition, extending the no-contact requirement for years beyond the original case.
What a DANCO Prohibits
The typical DANCO is a blanket ban on contact between the defendant and the protected person. The judge sets the specific terms, which usually include:
- A set physical distance the defendant must stay from the protected person, determined by the judge based on the circumstances.
- Location restrictions covering the protected person’s home, workplace, school, and any other places the judge specifies.
- A ban on all forms of communication: phone calls, texts, emails, social media messages, letters, or any other method.
- A prohibition on using a third party, whether a friend or relative, to pass messages.
Courts treat these restrictions as a hard line. There is no “minor” violation. Sending one text is treated the same as showing up at the person’s home.
What Happens When the Protected Person Reaches Out
This is where most people get into trouble. If the protected person calls the defendant, sends a text, or shows up at the defendant’s door, the defendant is still bound by the DANCO. Responding, or even allowing the contact to continue without leaving, can be charged as a violation. The order runs in one direction: it restricts the defendant, regardless of what the protected person does.1Minnesota Office of the Revisor of Statutes. Minnesota Code 629.75 – Domestic Abuse No Contact Order
The protected person cannot waive or suspend the DANCO. Only a judge can. If both parties want to resume contact, the proper route is a formal modification through the court. Defendants who rely on the protected person’s invitation as a defense find that argument goes nowhere. Prosecutors routinely charge DANCO violations where the protected person was the one who reached out first.
Penalties for Violating a DANCO
Consequences escalate with the defendant’s criminal history. A knowing violation falls into one of three tiers:
- Misdemeanor, with no prior qualifying offenses: up to 90 days in jail and a fine of up to $1,000.1Minnesota Office of the Revisor of Statutes. Minnesota Code 629.75 – Domestic Abuse No Contact Order2Minnesota Office of the Revisor of Statutes. Minnesota Code 609.02 – Definitions
- Gross misdemeanor, with one prior qualifying offense within ten years: up to one year in jail and a fine of up to $3,000, plus a mandatory minimum of ten days in jail and court-ordered counseling. The judge cannot waive the ten-day minimum.1Minnesota Office of the Revisor of Statutes. Minnesota Code 629.75 – Domestic Abuse No Contact Order
- Felony, with two or more prior qualifying offenses within ten years, or possessing a dangerous weapon during the violation: up to five years in prison and a fine of up to $10,000.1Minnesota Office of the Revisor of Statutes. Minnesota Code 629.75 – Domestic Abuse No Contact Order
These penalties are separate from and in addition to any sentence on the underlying domestic violence charge. A defendant can face two cases at once: the original charge and a new charge for violating the DANCO.
The qualifying prior offenses are drawn from a broad statutory list that includes all degrees of assault, domestic assault, strangulation, criminal sexual conduct, stalking, prior OFP and DANCO violations, and more. Convictions from other states, federal courts, and tribal courts count if the offense is similar to one on Minnesota’s list.2Minnesota Office of the Revisor of Statutes. Minnesota Code 609.02 – Definitions A domestic assault conviction in Wisconsin can push a Minnesota DANCO violation from a misdemeanor to a felony.
Federal Firearm Consequences
A DANCO can trigger a federal firearms ban that many defendants overlook. Under 18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm or ammunition while subject to a qualifying domestic violence restraining order. The order qualifies if the defendant received notice and had an opportunity to participate in a hearing, the order restrains the defendant from threatening or harassing an intimate partner or child, and the order either includes a finding that the defendant poses a credible threat to physical safety or explicitly prohibits the use of physical force.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The U.S. Supreme Court upheld this prohibition in 2024, confirming that individuals found by a court to pose a credible threat to another person’s physical safety may be temporarily disarmed consistent with the Second Amendment.4Supreme Court of the United States. United States v. Rahimi, No. 22-915 A federal violation carries up to 15 years in prison, far more severe than the state-level penalties. Defendants with firearms in the home should address this with their attorney immediately rather than assuming the ban only applies to carrying a weapon in public.
Modifying or Removing a DANCO
A defendant who wants to change or lift a DANCO has to go through the court. The protected person’s consent is not enough, and the defendant cannot file paperwork solo. The standard route is for the defense attorney to file a motion in the same court and under the same case file number as the original criminal case.
The motion should explain why circumstances have changed enough to justify loosening or lifting the order. Common reasons include shared child custody needs, changes in living arrangements, or completion of treatment programs. After the motion is filed, the prosecution must be served with notice so the state can respond. Until a judge actually signs a new written order, the original DANCO remains fully in force. Even if a judge verbally signals willingness to modify the order at a hearing, every restriction stays in place until the updated order is signed and entered. Treating a verbal indication as permission is one of the fastest ways to pick up a new violation charge.
At the hearing, the judge will hear from the defense attorney, the prosecutor, and often the victim or a victim advocate. Minnesota law gives crime victims the right to be notified of proceedings and to be heard, so the court generally will not modify a DANCO without considering the protected person’s position. If the protected person supports the change, that helps but does not guarantee it. If they oppose it, the judge will weigh safety concerns heavily.
Judges also look at the severity of the original charges, compliance with other conditions of release or probation, completion of any ordered programs, and the specific nature of the request. Asking to lift the entire order is a harder sell than requesting a narrow exception, such as communication limited to co-parenting logistics through a monitored app. A specific, limited request backed by concrete changed circumstances tends to fare better than a blanket request to make the DANCO go away.