An Out of State Domestic Abuse No Contact Order Can Be Used to Violate a Person in Minnesota, Say the Minnesota Court of Appeals: What this Means for Your Appeal

In the recent State v. Walton case, the defendant had a domestic abuse no contact order (DANCO) from the state of Rhode Island that was in place when he allegedly violated the order in Minnesota. He was charged in the state of Minnesota with violating the order. On appeal, the defendant’s attorney argued that he could only be convicted of a DANCO violation in Minnesota if the DANCO was issued in Minnesota. The Minnesota Court of Appeals disagreed and held that you could be convicted for violating an order that was issued from another state if it met the requirements.

Lack of Sufficient Evidence that the Out of State Order Complies

Despite the ruling that out of state orders could be used, the Minnesota Court of Appeals ended up ruling in favor of the defendant. The crux of the issue was that Rhode Island defines domestic abuse more broadly than Minnesota and lists specific crimes that Minnesota does not include, such as vandalism, trespass, kidnapping, and arson. R.I. Gen. Laws § 12-29-2(a). The Court of Appeals held that there was insufficient evidence that the Rhode Island order was compliant enough with Minnesota laws in order for the defendant to be convicted in Minnesota for a violation of it. It’s important to note the distinction that the Court didn’t say a Rhode Island order could never be used used for a DANCO violation in Minnesota, but just that there was insufficient evidence in this case. A skilled criminal defense or appeal attorney is important to crafting a strategy to defend you concerning the specific facts of your case.

Conclusion

If you or a loved one were convicted of a DANCO, OFP, or HRO violation, you should contact a skilled appeals attorney. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650

Peter Lindstrom

Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. He has successfully expunged cases involving challenging issues with DWI, felony, and violence against family member cases. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.