Domestic Abuse No Contact Orders (DANCOs): Knowing – when and how to utilize them

Contact Information Carrie Buddy Executive Director New Horizons Crisis Center t Shane Baker Kandiyohi County Attorney Kandiyohi County Attorney’s Office

Objectives 1.Understand purpose and need for DANCOs 2.Identify cases in which to seek DANCOs 3.Outline the “wins” for all partners and victims when correctly utilizing DANCOs 4.Provide you with information to help your judges understand and grant DANCO requests

Domestics Are Confusing- but knowing when to request a DANCO doesn’t have to be

History / Purpose History: the spirit of the DANCO Statutory Review Misperceptions

DANCO SPIRIT: when statute comes to life with fatality concern and obvious safety need Before shared understanding and language/collaborative risk assessment: Case Example

Statutory Review: How much do you know about DANCOs…

DANCO Pretest 1.Is Domestic Assault one of the specifically named crimes where a DANCO can be obtained? 2.Can you get a probationary DANCO for a disorderly conduct conviction? 3.Can you get a pre-trial DANCO in an HRO proceeding? 4.Is there a mandatory minimum sentence for a DANCO conviction? 5.When can a DANCO violation be charged as a felony? 6.Where can an contact in violation of a DANCO be prosecuted? (or a text, or Facebook message, or a call?) 7.When can a peace officer issue a citation in lieu of an arrest for a DANCO violation? 8.When a warrantless arrest is made for a DANCO violation, when should the offender be brought into court? Does the level of offense affect this determination?

DANCOs can be issued in either criminal or juvenile proceedings if… (1) offender is a family or household member of the victim; and (2) a certain type case is being charged

Who are family or household members?

In what types of cases can DANCOs be charged?

“Domestic Abuse” ≠ “Domestic Assault

“Domestic Abuse” means: Terroristic Threats Criminal Sexual Conduct 1 st – 5 th Degree Interference with Emergency Call

“Domestic Abuse” also means: Physical harm, bodily injury, or assault Infliction of fear of imminent physical harm, bodily injury, or assault Including what other crimes? – think outside the box

Level of DANCO Offenses Misdemeanor = No prior “qualified domestic violence related offenses” Gross Misdemeanor = One prior “qualified domestic violence related offenses” Felony = Two prior “qualified domestic violence related offenses” OR “while possessing a dangerous weapon”

Other important things to remember: Special DANCO Venue Rule Arrest vs. Not to Arrest – Warrantless arrests are mandatory for DANCO violations if: 1) peace office has probable cause AND 2) officer verifies the DANCO exists Offenders first court appearance: “the person shall be held in custody for at least 36 hours, excluding day of arrest, and holidays unless released earlier by a judge”

Misperceptions Underutilized Duplicative of other orders Victims can seek their own civil remedies Not understanding context and risk Misused Sought with a broad brush – in all DA cases “Our case” mentality; discounting victim input Not understanding context and risk

Not Duplicative Pre-Trial DANCOs: Separate from pretrial release conditions Apply whether or not offender is in custody or posts unconditional bail Are orders the protected person can’t drop Violation is a new crime Probationary DANCOs: Issued anytime after sentencing (even months later) Are orders the protected person can’t drop Violation is a new crime

Expansive Probationary DANCO A probationary DANCO can be ordered either: “for an offense listed in paragraph (a)”; or “for a conviction for any offense arising out of the same set of circumstances as an offense listed in paragraph (a)”

Questions & Discussion

Identifying the Need 1.Collaborative risk assessment tool 2.Context 3.Victim Input 4.Consistency 5.Communication between prosecution and advocacy

Collaborative Risk Assessment Shared understanding and language Victims – responsive, effective safety planning and enhanced services Offenders – arrest, bail, release conditions, supervision, programming-addressing root causes, etc.

Understanding Risk – It’s Important

Risks – Advocacy Perspective Victim believes abuser is capable of killing the victim Firearms – fascination, threats, misuse, etc. Strangulation Recent separation or planning to leave Children not in common present in the home Increase in violence – especially sexual, severity, or with a weapon

Considerations Special Populations – Language barriers – Immigration concerns – Community sanctions, isolation, and interventions Availability of appropriate programming Family Dynamics Community Resources

Questions & Discussion

DANCO “Wins” Victims & Advocacy 1.Systems’ protection – shows a concern for victim safety 2.Safer than filing OFP – state vs. abuser vs. victim vs. abuser 3.Not responsible for DANCO 4.Filing OFPs – time consuming to complete, can take several days to process, need to locate abuser for service = delays in protection Prosecutors 1.Know risk factors 2.Determine associated risk levels 3.Present risk level to judges 4.Protect victims by requesting DANCOs when appropriate 5.Treat all violations seriously – hold abusers in custody for at least 36 hours

DANCO “Wins” Law Enforcement 1.Know risk factors 2.Respond to all DANCO violations knowing they are high risk – even if not in person violations 3.Shall arrest without a warrant and take abuser into custody if you have probable cause the DANCO was violated Judges 1.Be knowledgeable of Domestic Violence Risk Assessment Bench Guide factors 2.Expect these factors and associated risk levels be communicated to you 3.Grant DANCOs according to the associated risk levels

DANCO “Wins” Probation 1.Know risk factors 2.Supervise and monitor offenders based on risk levels 3.Require strict adherence to DANCOs 4.Communicate with system, victim, and advocates regarding concerns

Now that we understand our “wins” – keep in mind that abusers are losing control and won’t be happy. We need to continue to re-assess risks regularly, communicate concerns, and LISTEN TO VICTIMS!

Questions & Discussion

Information To Help Judges Domestic Violence Risk Assessment Bench Guide Risk Assessment Tool – evidence based Provide risk assessment data and associated levels Remind them of the need to protect victims Be consistent in your requests

Questions & Discussion