Minnesota Guide to Harassment Restraining Orders
How to Obtain a Harassment Restraining Order in Minnesota
If you’re experiencing harassment in Minnesota, you may be eligible to obtain a Harassment Restraining Order (HRO) to protect yourself. This legal tool is designed to help individuals feel safer by restricting the harasser’s ability to contact or come near them. Here, we’ll walk you through the process of obtaining an HRO, the legal requirements, and other important considerations.
What Is a Harassment Restraining Order?
An HRO is a civil court order issued under Minnesota Statutes Section 609.748. It’s intended to prevent ongoing harassment by ordering the harasser to cease specific behaviors or to stay away from the victim. Violating an HRO can lead to criminal charges.
The law defines harassment broadly, including:
Repeated, intrusive, or unwanted acts, words, or gestures that significantly affect your privacy or safety.
Targeted residential picketing.
A single incident of physical or sexual assault.
Use of another’s personal information to identify, contact, or harass them (often referred to as doxing).
Who Can File for an HRO?
Anyone who has been a victim of harassment can file for an HRO. This includes:
Adults filing on their own behalf.
Parents or guardians filing on behalf of a minor child.
You do not need to have a specific relationship with the harasser, unlike an Order for Protection (OFP), which is limited to cases of domestic abuse. Harassment restraining orders are commonly filed in cases involving neighbors, estranged friends, family, or even in cases involving ex-boyfriends or girlfriends engaged in inappropriate harassing behavior.
Steps to Obtain an HRO
Complete the Necessary Court Pleadings
The first requirement to obtain a Harassment Restraining Order is for the person seeking the order (referred to as the “Petitioner”) to file a Petition for Harassment Restraining Order. There are court forms available for this, although in many cases Petitioners choose to retain an attorney to complete and file this document.
The Petition must include detailed information about the harassment, including dates, times, and descriptions of incidents. Specificity is important, as the Court will often deny petitions that fail to include enough detailed information.
File the Petition
The completed petition must be filed at the district court in the county where you or the harasser resides or where the harassment occurred.
There is a filing fee, but the fee may be waived in certain circumstances, such as when the harassment involves stalking or threats of violence.
Court Review
A judge will review the petition and may issue a temporary HRO (ex parte) if they find immediate relief is necessary. This temporary order typically lasts until the full hearing.
An ex parte order means that the restraining order is issued prior to the harasser finding out about its issuance. This can help protect the harassed party avoid further retaliatory harassment.
Attend the Hearing
If the judge does not grant an ex parte HRO, or if the harasser contests the order, a hearing will be scheduled.
At the hearing, the Petitioner must provide evidence, such as:
Text messages, emails, or social media posts.
Witness testimony.
Police reports.
Photographs or videos.
Receive the Order
If the judge finds sufficient evidence of harassment, they will issue a final HRO. This order can last up to two years, with the possibility of extension if harassment continues.
Enforcing an HRO
Once issued, the HRO must be served on the harasser to be enforceable. Service can be completed by a law enforcement officer or a process server. The respondent must follow the terms of the order, which may include:
No contact with the victim.
Staying away from the victim’s home, workplace, or school.
Ceasing all forms of harassment.
If the harasser violates the HRO, you should report the violation to law enforcement immediately. Violations can result in criminal charges, including misdemeanor, gross misdemeanor, or felony penalties depending on the circumstances.
Tips for a Strong Case
Document Everything: Keep a detailed log of all harassment incidents, including dates, times, and descriptions.
Seek Support: Reach out to advocacy groups like the Minnesota Coalition for Battered Women for additional resources.
Consult an Attorney: While you can file for an HRO on your own, having legal representation can improve your chances of success, especially if the case goes to a contested hearing.
Additional Resources
Conclusion
Obtaining an HRO in Minnesota can provide you with the legal protection you need to stop harassment and regain peace of mind. By understanding the process, gathering strong evidence, and utilizing available resources, you can take steps toward securing your safety and well-being. If you have questions or need assistance, contact experienced harassment attorney John E. Roach for a free consultation.