Can you drop a no contact order in Minnesota? If you asked for it in family court in the first place, it’s civil and you can drop it. But if it’s in a criminal case, you’ll need to work at it. Here’s how.
No Contact Orders in Criminal Cases
A domestic crime has as an element of the criminal statute, a “domestic relationship,” defined by statute. In domestic criminal cases, courts issue a “No Contact Order” (NCO). It prohibits the accused from having contact with the person cast in “the victim” role.
But the government is not consulting the person they’re calling their victim. In fact, the witness they’re casting into the victim role has no real voice in this – at least not today. So she cannot “press charges.” And as a result, she can’t directly “drop the charges.” The current system takes control away from her. And it gives her control to the prosecutor. It’s been that way for decades in Minnesota, since the 1980s.
Your Role in the Drama: If you are the accused, forget it. The judge is not going to drop the no contact order for you. No, this article is for the witness – the one forced to the victim role by the prosecutor.
If you are the witness in a domestic assault case, chances are you want to drop a no contact order. But how? The information here should help you start regaining control over your life – and taking it back from the government.
Does this sound familiar?
You and your other were enjoying some free time together, with adult beverages. After a few drinks, some conflict and less restraint in expressing it. Somehow, a call went out to the police. And they recorded that 911 call. Tempers flared. And police officers showed up. So they picked one to arrest. And in what now seems like no time, it’s over. They’re gone.
And so is your other, who is now in jail. Missing work, could lead to job loss. Bail money. A lawyer. Oh, and – a “No Contact Order.”
So in the aftermath, they’ve taken over your life. And they’ve damaged it. But the immediate problem is: how to drop a no contact order.
How long do No Contact Orders last?
The pretrial “No Contact Order” could be in place for months, until a trial, plea or dismissal. And if convicted, then after sentencing, a judge may replace it with a probationary “No Contact Order” for years.
But to know how to drop a no contact order; first you need to understand what it is. So let’s drill down into it.
Conditions of Pretrial Release
In any kind of criminal case, the court can set conditions of pretrial release before trial. Or it can release the accused on their personal recognizance (meaning no conditions, just show up for court appearances.)
Money bail is one condition of pretrial release the judge can require. And bail can be in the form of cash or a bond. Moreover, in Minnesota, we have the right to pretrial release on money-only bail, or “unconditional bail.”
Unconditional Bail
In other words, we all have the presumption of innocence before a trial. So we have the right to pretrial release without any conditions other than money-bail. And understanding this helps you understand how to drop a no contact order.
For non-felony cases there is a maximum bail. (For felony cases, there is no maximum.) The maximum bail for a non-felony case is four times the maximum fine. For a misdemeanor, $1,000 is the maximum fine; so the maximum bail is $4,000. And for a gross misdemeanor the maximum fine is $3,000; so maximum bail is $12,000. Since we have the right to money-only bail, the maximum bail (in non-felony cases) must be without other conditions.
See our: How to Get Out of Jail After Arrest.
And, when judges set unconditional bail in non-felony cases, it’s usually equal to the maximum. That could matter, since most domestic assault cases are non-felony. Therefore, if the defendant posts the unconditional bail, a “no contact” cannot be a “condition of pretrial release.”
“Well, we can’t have that.”
But some were not happy with that. So, years ago Minnesota adopted a statute authorizing courts to issue a Domestic Abuse No Contact Order. That’s a mouthful. So we often use its acronym, “DANCO.”
It was modeled after the earlier Minnesota Domestic Abuse Act’s Order for Protection law. (The “OFP” is a civil remedy in family court. But an OFP has criminal penalties for violations.)
So they got you, either way: So, bottom line, a defendant can now post unconditional bail (i.e., no other “pretrial release conditions”); but still be subject to a DANCO. Minnesota Statutes §629.75, Subdivision 1 (b), says in part:
“A domestic abuse no contact order is independent of any condition of pretrial release or probation imposed on the defendant. A domestic abuse no contact order may be issued in addition to a similar restriction imposed as a condition of pretrial release or probation.”
Minn. Stat. §629.75, Subd. 1 (b)
Perhaps a court will strike down the law as unconstitutional one day. But that is beyond the scope of this article. This article is about what Minnesota courts are doing now.
Two layers of No Contact Orders
So it’s important to understand that in a criminal case there are typically two no-contact orders:
- One, a “condition of pretrial release.”
- The other as a “DANCO.”
The distinction is clear when we look at the remedy for a violation of each.
Pretrial Release Condition violation: If a defendant violates any “condition of pretrial release;” the court’s remedy is to issue an arrest warrant. Then after the defendant is in jail, the court revisits the issue of pretrial release in a new bail hearing.
DANCO violation: But the remedy for a DANCO violation is worse. A prosecutor can charge a DANCO violation as a new, additional crime.
The DANCO violation crime will have a different date of alleged offense (compared to the original criminal charge). There could be an arrest, jail, a bail hearing, on that new charge of violation of a DANCO. (The same act could be both a violation of a condition of pretrial release; and a criminal violation of a DANCO.)
So, as a result, when it comes to the No Contact “condition of pretrial release;” the defendant gets little benefit from the higher, unconditional bail.
Do courts ever drop a “No Contact Order?”
Yes, sometimes. But they make you work for it. Courts have erected high barriers to justice, when it comes to No Contact Orders. Because the reality is that the witness has no real voice, unless they work hard and persevere. So to drop a no contact order, it helps if she knows how to go about it.
Domestic violence cases vary along a continuum. A few are horrific; but the majority are not. Just ask any police officer what the most common 911 response call is: “a domestic.” In how many of these cases is alcohol a factor? Almost all. But the majority do not involve any physical harm or injury, or minimal “bodily harm,” like a slap, bruise or scratch.
In contrast, the harm caused by the criminal prosecution in response is typically massive, and disproportionate. But you already knew that, didn’t you?
Are You Afraid of Him? The number one question when you go to court will be: “are you afraid of her?”
The prosecutor and judge will review the hearsay in the police reports, over and over. But people are not the most accurate historians when they are angry and drinking.
“When you go to court?” Yes, they never asked you if you would allow them to issue a no-contact order; even though you are the witness, and it will turn your life upside down.
And now they’ve placed the burden squarely on your shoulders, to go to court. You can plead with the prosecutor, then the judge to drop a no contact order. It’s your only chance. (The prosecutor or their “advocate” may discourage you from coming to court to ask the judge to drop the No Contact Order. Because if you don’t come, it may not get dropped.)
The witness wrangler: Prosecutors have “victim advocates” working for them. Leaving aside the manipulative “victim” label, are they really advocates? Only a rare few are true advocates for the witness.
But most “victim advocates” see themselves as prosecution advocates; with the job of controlling and manipulating “their” victim to serve the state. Only the rare, good ones actually listen, or fight for the witness’s position and truly advocate for her.
So which type will you get? Luck of the draw. But maybe you can make some luck.
Minnesota Victim Rights Act
Minnesota has a Victim’s Rights Act, Minnesota Chapter 611A. So one might think that prosecutors claiming to represent “victims” interests would use and cite this law often. But I’ve almost never heard it happen.
On the other hand, I have cited this law in many of my domestic assault defense cases. And I’ve cited it every time I’ve represented a witness. Why? Because that law says that prosecutors and courts must listen to the “victim” and allow them a voice. But many prosecutors just want to use the witness. And they may ignore the effect on your life. The prosecutor can simply discard the witness after use, without thought or care of the damage done.
Drop a No Contact Order
We could write more on this. But hopefully this brief discussion has been helpful for you. It’s stressful to call police for help, only to have them take over your life. Then they and their prosecuting lawyers turn into an enemy that threatens to ruin you and your family. But there are countermeasures. You can assert your power. So don’t let them have it.
You can fight back, and regain control over your life.
About the author: Thomas C. Gallagher is a Minnesota domestic violence defense lawyer with decades of experience.
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