DANCO / No Contact Orders
Can a DANCO Be Lifted or Modified?
Sometimes. A DANCO can be modified or lifted, but only by the court - not by the parties agreeing on their own. A defense lawyer can file a request and present the circumstances, but the judge decides, and the protected person's wishes are only one factor. Until the court acts, the order stays fully in force.
Who can request modification
A request to modify or lift a DANCO goes through the court, typically brought by the defense. The defendant cannot simply decide the order no longer applies, and neither can the protected person - even if they want contact restored.
That last point surprises people. Even when the alleged victim affirmatively wants the order gone, it does not disappear on its own. The court has to act.
What the court may consider
In deciding a modification request, a judge weighs the circumstances - the nature of the case, safety concerns, the stage of the proceedings, and the reasons modification is sought (such as parenting logistics or shared housing). The protected person's stated wishes are one factor the court can consider, but they are not controlling.
Courts are cautious here, because the whole point of the order is safety during a pending case. A well-prepared request that addresses the court's concerns directly has a better chance than a bare ask.
Why process matters
Going through the proper process is not a formality - it is the only way to actually change the order without creating new legal exposure. A modification, if granted, changes the terms officially, so contact that follows the modified order is lawful.
Trying to shortcut the process by just resuming contact is where people get into serious trouble. The order is in force until the judge changes it.
Risks of informal contact
If the parties simply resume contact without a court order - even by mutual agreement - the defendant can be charged with violating the DANCO. The protected person's consent is not a defense. The order restrains the defendant regardless of what the other person wants in the moment.
So the safe path is always: no contact until the court modifies the order, and let a lawyer handle the request. This is general information, not legal advice about any specific case.
Questions people ask about can a danco be lifted or modified?
Can the alleged victim cancel a DANCO?
No. Even if the protected person wants the order lifted, only the court can modify or remove it. Their wishes are a factor the judge can consider, but they are not controlling, and the order stays in force until the court acts.
How do I get a DANCO modified?
Through a request to the court, usually filed by your defense lawyer, presenting the circumstances and reasons for modification. The judge decides. Do not resume contact before the court changes the order.
Is it a defense that we both wanted contact?
No. The protected person's consent is not a defense to a DANCO violation. The order restrains the defendant regardless, so contact before a court modification can still be charged.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.