Constitutionality of DANCO Statute is Upheld.

State v. Ness, Minn.Ct.App., 8/20/2012.  This is the challenge to the Domestic Abuse No Contact Order statute [DANCO], Minn.Stat. 629.75, subd. 1(b)(c).  Mr. Ness argued that he should be able to collaterally attack a previously issued DANCO as part of his defense of having violated that previously issued DANCO.  He also argued that the statute violated procedural and substantive due process.

The court of appeals holds that, yes, Mr. Ness can collaterally attack the previously issued DANCO; that’s because there is no clear right of appeal from the issuance of those DANCO’s.  However, good luck with that collateral attack because the court also upheld the statute, itself, said it was fine both procedurally and substantively.

10/31/12:  The Minnesota Supreme Court has granted Mr. Ness's petition for further review.