For over 20 years, Judith Samson has worked closely with clients to educate them on their rights and achieve the most excellent possible outcomes. Judith has handled cases in Minnesota State Court involving clients charged with significant misdemeanors, and felony charges.
Seek Protection for Yourself and Your Dependents with a Harassment Restraining Order
In Minnesota, domestic abuse is considered a severe crime that may result in misdemeanor or felony penalties. Domestic abuse no contact orders, or DANCOs, are used by the courts throughout the criminal procedure to protect victims of violence and abuse. The aggressor may be subject to further fines and penalties if a DANCO is broken. Furthermore, plaintiffs can file for orders of protection (OFP) or harassment restraining orders (HRO) as forms of relief to prevent the defendant from contacting them.
In Minnesota, a police officer may arrest someone without a warrant if there is probable cause to believe that they have committed an act of family violence against a family member or friend within 72 hours.
What Is Domestic Abuse and How Can It Be Cured?
Domestic abuse, also known as intimate partner violence or domestic abuse, is a behavior used by one person in a close relationship to dominate and control another.
It might be physical abuse, but it can also take the form of any of the following:
- Mental abuse
- Emotional abuse
- Sexual abuse
- Financial abuse
- Verbal abuse (coercion, threats, and blame)
A protective order is a court decision that orders a respondent to stay away from the petitioner or victim. In domestic violence instances, there are various sorts of protective orders that may be granted, according to the circumstances:
DANCO is a no-contact injunction issued by a court.
A DANCO is granted during a criminal case against a defendant accused of domestic abuse or the harassment or stalking of a family member or household, under Minn. Stat. §629.75. Danco orders can also be issued when a defendant violated an order for protection or a previous no contact order. A first-time misdemeanor will result if the term of this order is broken, but if it’s the second time in 10 years or a prior conviction, or if the infraction involved the use of a dangerous weapon, it’ll be a felony.
OFP (Order for Protection)
OFPs are civil orders obtained by the victim of domestic abuse to request that a respondent refrains from approaching and contacting them and their children. Sec. 518B.0M.N.MN Statutes, OFPs are civil orders petitioned by the victim of domestic abuse to request that a respondent stay away from them and their children under Minnesota’s Domestic Abuse Act (DAA). A household member, family member, guardian, minor over the age of 16, or a respectable adult over 25 with authority to act on behalf of a little child or children can file for relief. An OFP violation is considered a misdemeanor that may result in felony penalties if committed repeatedly.
Restraining Order for Harassment (HRO)
Under Minn. Stat. §609.748, “harassment” includes physical or sexual assault, the dissemination of private sexual images, and repeated or persistent incidents involving unwanted actions or speech that harm the victim’s safety, privacy, or security. On behalf of themselves or a minor, victims, parents, guardians, stepparents, and conservators can file an HRO in the county where the abuse occurred with the district court. The victim does not have to be a resident of that county.
Who is Eligible for an HRO?
When most people think about protection orders, they believe these apply only to individuals who have been victims of domestic abuse or long-term interpersonal violence. An Order for Protection (OFP) offers more robust protections for domestic abuse victims than an Order for Protection O.P.OP). A Harassment Restraining Order is available to anybody who has been subjected to harassment, which includes repeated, unwanted, or intrusive actions from another person. The following are some examples of some of the prohibited conduct that, if engaged in, may result in a fine or imprisonment:
You may be entitled to an HRO if you’ve suffered any of the following:
- A single sexual assault
- A single physical assault
- Sharing a personal sexual photograph without permission is known as non-consensual distribution.
- Targeted residential picketing
- Unwanted following
- Repeated phone calls and texts
- Blackmail and threats
Unlike an OFP, you do not need to show a prior connection with your tormentor to file for an HRO. However, if the harassment is severe, you may be required to demonstrate a clear pattern. While a single sexual assault allegation can qualify you for an HRO, only restraining orders for unwelcome phone calls may be obtained after asking the individual to cease contacting you.
Furthermore, an HRO may lead to criminal charges against the individual who committed the prohibited act. For example, someone who stalks and makes their victims scared for their safety may be charged with a felony and sentenced to prison. However, in the end, a Harassment Restraining Order is simply a civil protection order that must be filed with the relevant civil court.
Is a Harassment Restraining Order Appropriate for Me?
Whether you’re getting ready to hire an HRO or are already employing one, our civil litigators at Judith Samson, Attorney at Law can advise you on the best course of action. Our Minneapolis attorneys can fight for your rights and safety if you take a closer look at your situation and provide solid legal representation in court. We understand how difficult it can be to petition for an HRO on your own, which is why our staff will be accessible twenty-four hours a day, seven days a week.
Contact Minneapolis Criminal Defense Lawyer Judith Samson
If you have been the victim of domestic abuse, sexual assault, or other forms of harassment, you may be entitled to file for a restraining order in Minnesota. A restraining order is a civil order that can offer you protection from your abuser or harasser and can help to keep you safe. Minnesota has two restraining orders: an Order for Protection (OFP) and a Harassment Restraining Order (HRO). You may be eligible for either type of restraining order depending on the severity of the abuse or harassment you have experienced.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.