Harassment Restraining Order (HRO) Attorney – Minneapolis
Harassment is a serious problem in Minnesota and throughout the United States. Minnesota law allows individuals to seek protection through a Harassment Restraining Order (HRO), which is a civil court order that can prohibit contact and restrict certain behavior between parties.
Whether you are seeking protection from harassment or responding to an HRO that has been filed against you, these cases can have serious legal consequences. Attorney Judith Samson represents both individuals requesting harassment restraining orders and individuals defending against allegations of harassment.
An HRO may require the respondent to stop the harassment and have no contact with the petitioner. The court may prohibit the respondent from coming near a person’s home, workplace, or other locations, and may restrict phone calls, messages, letters, or electronic communication.
What Constitutes Harassment in Minnesota?
Under Minnesota Statute §609.748, harassment may include several types of conduct.
Examples include:
A single act of:
- Physical assault
- Sexual assault
- Using another person’s personal information without consent to solicit a sexual act (a form of stalking)
- Non-consensual dissemination of private sexual images
Repeated intrusive or unwanted acts, words, or gestures that have a substantial negative effect on someone’s safety, security, or privacy.
Targeted residential picketing.
A pattern of attending public events after being notified that the person’s presence is considered harassing.
Types of Harassment Restraining Orders
A **temporary (ex parte) HRO** may be issued by a judge without the respondent being present in court if the court believes harassment has occurred and immediate protection is necessary.
A **final HRO** may be issued after a hearing where both the petitioner and respondent have the opportunity to present evidence and testimony.
Most final restraining orders remain in effect for **up to two years**. However, if multiple restraining orders have been issued against the same respondent or there have been repeated violations, the court may issue an HRO for **up to 50 years**.
Who May Obtain a Harassment Restraining Order?
Anyone experiencing harassment may request an HRO. Unlike Orders for Protection (OFPs), an HRO does **not require a family or household relationship** between the parties.
Harassment may involve:
- Neighbors
- Coworkers
- Former friends or acquaintances
- Strangers
- Individuals communicating online or through social media
Both men and women may seek protection through the courts.
What Are the Steps for Getting a Harassment Restraining Order?
The harassment restraining order process typically begins with two documents:
- A petition describing the alleged harassment and requesting court protection.
- An affidavit providing facts and details supporting the allegations.
The paperwork is filed in district court in the county where the petitioner lives, where the respondent lives, or where the harassment occurred.
A judge may issue a **temporary ex parte order** the same day the petition is filed. If issued, the temporary order remains in effect until a hearing is held.
The respondent must be formally served with the petition and any temporary order.
If either the petitioner or respondent requests a hearing, the request must typically be made within **20 days of service**, and the parties will receive notice of the hearing date.
Serving the Harassment Restraining Order
Service of the legal paperwork may be completed by a law enforcement officer, corrections officer, or other authorized person.
In some situations, an officer may provide a **short-form notification**, which informs the respondent that a restraining order has been issued and explains the restrictions imposed by the court.
If a respondent cannot be located for service, the court may allow **service by publication**, meaning notice is published in a newspaper and mailed to the respondent’s last known address.
Harassment Restraining Order Violations in Minnesota
Violating an HRO is a criminal offense. A first violation is generally charged as a misdemeanor, while repeated violations can lead to more serious criminal penalties.
Legal Representation for HRO Cases in Minneapolis
Whether you are seeking protection from harassment or defending yourself against allegations, it is important to understand your rights and legal options.
Attorney Judith Samson represents both individuals requesting harassment restraining orders and those responding to HRO petitions. She can help evaluate your case, prepare the necessary legal filings, and represent you at court hearings.
If you have questions about filing for an HRO or responding to one, contact the Law Offices of Judith Samson to discuss your situation and legal options.
