There are three common types of court orders that may be encountered while dealing with suspects and/or victims in the course of job duties:
1. Harassment/Restraining Orders Minnesota Statute 609.748 (subdivision 2, 6)
Harassment/restraining orders are court orders obtained in civil court by a person (called the petitioner) who claims that s/he is a victim of harassment. The person who is allegedly committing the harassment is called the respondent. (The petitioner and the respondent are not required to have a domestic relationship with each other.) Cases involving a domestic relationship are forwarded to the family violence unit for investigation. All non-family cases are investigated in the districts by investigators.
A violation of a harassment/restraining order can be a misdemeanor, gross misdemeanor or a felony, depending on the suspects prior criminal history. See
A violation of a harassment/restraining order can also be a misdemeanor contempt of court. (See Minnesota Statute 588.20)
2. Orders for Protection Minnesota Statute 518B.01 (subdivision 2, 4 14).
Orders for protection are court orders obtained in family court by a victim (called the petitioner) of domestic abuse. The person who is allegedly committing the acts of domestic abuse is called the respondent. The petitioner and the respondent must have a domestic relationship with each other. They must be a family or household member.
A violation of an order for protection can be a misdemeanor, gross misdemeanor, or felony depending on the suspects prior criminal history.
A violation of an order for protection can also be a misdemeanor contempt of court. (See Minnesota Statute 588.20)
3. Domestic Abuse No Contact Orders
Domestic Abuse No Contact Orders (DANCO) typically stem from a criminal case where the judge has signed a no contact order as a condition of a pre-trial release or a probationary sentence. The DANCO specifically prohibits the defendant from having any contact with the alleged victim.
A DANCO may be issued by the court in a misdemeanor, gross misdemeanor, or felony case (as a condition or pre-trial release or a condition of probation).
A violation of a no contact order is a misdemeanor contempt of court. (See Minnesota Statute 588.20)
If a DANCO is issued by a court against a defendant in a criminal proceeding for any of the following, a violation of that order may be a misdemeanor, gross misdemeanor, or felony depending on the suspects criminal history. (See Minnesota Statute 518B.01, subdivision 22)
- Domestic abuse.
- Stalking (formally Harassment/Stalking) charged under Minnesota Statute 609.749 and committed against a family or household member.
- Violation of an order for protection charged under Minnesota Statute 518B.01, subdivision 14.
- Violation of a prior domestic abuse no contact order charged under Minnesota Statute 629.75.
Revised July 1, 2011