How Do I Obtain a Harassment Restraining Order?
How do I obtain a harassment restraining order in Minnesota?
Minnesota Statutes Section 609.748 allows individuals to obtain a restraining order if several criteria are met. Specifically, a person seeking a restraining order may file a petition for harassment restraining order in Minnesota district court, asking a judge to issue a restraining order. A restraining order petition must include facts that show, at minimum:
The name of the alleged harassment victim (usually the petitioner);
The name of the respondent; and
That the respondent has engaged in harassment.
Showing that the respondent, or alleged harassing party, has committed harassment is the most difficult and important piece of the petition, and often creates difficulty for those seeking the court’s protection. To show that a person has harassed another, the petitioner must show that the respondent has engaged in:
A single act of physical assault or sexual assault;
A single incident of nonconsensual dissemination of private sexual images; or
Repeated (unwanted) words, acts or gestures that have a substantial adverse effect (or are intended to have a substantial adverse effect) on the safety, security or privacy of another.
This means that a person filing a petition for a restraining order must prove more than that they were simply offended by rude behavior or words. Although offensive behavior may rise to the level of harassment if it falls into the conduct described above, often rude behavior does not qualify as harassment. As such, the petitioner must provide details that meet one or more of the three types of harassment provided in the statute.
While the first two types of harassment are usually clear, and can be relatively simple to prove, the third option is the most common, and the most difficult. Most harassment cases involve “repeated or unwanted words, acts, or gestures,” and petitioners must establish not only that the repeated and unwanted conduct occurred, but also that it interfered with their safety, security or privacy. Again, rude or offensive behavior by itself is not enough to rise to the level of harassment. This rude or offensive behavior must also substantially interfere with a petitioner’s safety, security, or privacy - a standard that can often be difficult to prove.
After a petition for a harassment restraining order has been filed, a judge will review the petition and determine whether it has alleged facts that meet the standard described above. If it does, the judge will usually issue an “ex parte harassment restraining order,” meaning that they have issued the order without hearing first from the respondent. The respondent will then have the opportunity to request a hearing and contest the allegations in court. However, if the judge does not believe that the petition contains sufficient facts to meet the standard of harassment, the judge will deny the ex parte order and the petitioner may request a hearing.
In either case, there is typically a hearing on the merits of the case, otherwise known as a harassment restraining order trial. At this hearing, the petitioner has the burden of proving by a “preponderance of the evidence” that they were harassed. Both sides may decide to call witnesses, present evidence and exhibits, or testify on their own behalf. This restraining order trial can take anywhere from a half-hour to multiple days. After taking evidence and hearing from both sides, the judge will then issue a decision either granting the restraining order or denying it.
Minnesota harassment restraining orders, when granted, are usually issued for a period of two years. They can also be extended or renewed if the order is violated or additional harassing conduct occurs. Perhaps most importantly, violation of a restraining order is a crime and a first harassment order violation can result in up to 90 days in jail and a $1,000 fine. Additional restraining order or order for protection violations can result in increasing penalties including prison time and significant fines.
Minnesota harassment restraining orders can be complicated and difficult proceedings, with potentially life-changing implications. If you need assistance with a harassment restraining order case, call RAM Law PLLC’s experienced team of Minnesota harassment restraining order attorneys. Our attorneys can be reached by phone at 651-468-2103 or through our convenient online consultation form.