Legal Question in Criminal Law in Minnesota

How do I modify a no contact order...the no contact order came into place due to my husband drinking for 3 days, and went into a rage when he accused me of cheating and after several no's, i sarcastically said i used my go go gadget helicopter to cheat on my way home. He pulled a knife from the kitchen drawer and walked into living room. I took defense to it and raised my feet (unfortunately my 11 year old son was in the room). My 3 children and I left, he said he was gonna come find me. He also told a friend if he found me he was gonna cut my head off, he didn't do either one. He is now facing 2nd degree domestic assult with deadly weapon no bodily harm, and terroristic threats. My 2 youngest children have had severe negative effects from their dad having no contact with them, and they already had medical/learning disabilities, and my oldest(18) is about to graduate and wants nothing more than her dad to be at her graduation ceremony and grad party. Their grades are slipping, my 8 yr old daughter was put on prescription meds to help her sleep at night and already suffers from ADHD and ODD which she is medicated for, my son(11) has had 3 major operations to remove a tumor from the bone of his hip and upper leg bone. Please help, my children need to have phone contact and if necessary supervised visitation.


Asked on 3/06/12, 7:17 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

After an alleged domestic assault arrest, there can be more than one type of "no contact order." One is an "Order for Protection" in family court, that can only happen if the other person involved petitions the court asking for one. It sounds like you did not do that. The other(s) are within the criminal court file, as a condition of pretrial release and as under the newer "DANCO" statute (which some Minnesota courts have held unconstitutional). Generally, to get the "no contact order" in the criminal case dropped, the person it is purported to protect needs to go to the next court appearance and directly ask the judge to drop it. The judge will need to be convinced that the person named in it (purported to be protected by it) is not afraid of the defendant, and that there is little or no risk of harm should the no contact order be dropped. Most judges will drop them if that happens. You can retain a lawyer to help you assert your rights as a witness and under the Minnesota "Crime Victims" Rights Act.

Read more
Answered on 3/07/12, 5:04 am


Related Questions & Answers

More Criminal Law questions and answers in Minnesota