A DANCO is a “Domestic Abuse No Contact Order.” Many people first hear about a DANCO after being arrested in connection with a domestic violence-related case, sometimes during their first court appearance, and learn that one is in place.
These court orders are very serious. Violating a DANCO not only threatens your defense in the underlying case but can also create separate criminal charges, lead to your bail being revoked, and increase possible penalties. Keep reading to learn what you need to know about DANCOs.
How Does a DANCO Work?
After a domestic violence arrest, the court may issue a DANCO while the defendant’s case is ongoing to stop all contact between the accused and the alleged victim. The goal is to prevent further harm and reduce tension while the legal process plays out.
A DANCO is broad in what it prohibits—any of the following behaviors can violate the order:
- Face-to-face encounters or being physically near the protected person
- Calling on the phone
- Sending text messages
- Reaching out through email, websites, or social media
- Passing messages through friends, family, or any third party
If authorities discover any communication, extra criminal charges for violating the order may follow, even if the messages are polite.
Can the Protected Person Give Permission for Contact?
It’s not uncommon for the person protected by the DANCO to reach out to the defendant and initiate contact, especially when parties share children. But even when this happens, and the conversation is pleasant, the defendant risks serious consequences.
A DANCO cannot be set aside just because the alleged victim doesn’t want it in place. A DANCO is a binding court order, and the defendant must comply with it until the court lifts it.
What Happens if You Violate a DANCO?
Violating a domestic abuse no contact order carries major risks that can seriously complicate both your immediate situation and your criminal case overall.
If you violate a DANCO, you can face new criminal charges, which are often prosecuted separately from the underlying case. This can lead to jail time in many cases.
Beyond additional criminal charges, violating a DANCO may harm your chances of negotiating a plea deal with the prosecutor. They’re likely to reason that, if you can’t follow the orders and stay away from the alleged victim, then you probably shouldn’t be treated leniently and given a chance to plead guilty to a lesser offense or lesser sentence.
Potential Legal Defenses to Allegations You Violated a DANCO
If you’re accused of violating a DANCO, there are defenses your attorney can explore. You may be able to show that you didn’t knowingly or intentionally contact the protected person, that the interaction was accidental (for example, a chance public encounter). You may also be able to argue that the order was not properly served, so you weren’t aware of it.
False or exaggerated allegations, sometimes motivated by ongoing disputes, are also a defense if evidence supports this claim. Each case is different, so a defense lawyer can help determine which arguments best fit your situation.
Contact the Tucson Domestic Violence Lawyers at Katsarelis Law Criminal Defense Attorneys to Schedule a Free Consultation
If you’re arrested and are dealing with a no contact order or allegations of violating one, it’s important to speak with a criminal defense lawyer right away. We can explain the conditions to you and make sure you fully understand what’s required of you.
If we need to defend you from allegations that you violated it, we will build a strong defense and present it to the prosecutor and the judge. For more information, contact the Tucson criminal defense lawyers at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
