Minneapolis Harassment Restraining Orders
Harassment is a serious problem in Minnesota and across the United States. A temporary or final Harassment Restraining Order (HRO) can require a person to stop the harassment and have no contact with you. It can prevent someone from coming to your home or workplace, limit how close that person may come to you, and restrict phone calls, letters, emails, text messages, or other forms of communication. These orders are intended to reduce the risk of future harm.
Conduct that leads to a harassment restraining order may also result in criminal charges in some cases.
What Constitutes Harassment in Minnesota?
Under Minnesota Statute § 609.748, harassment for purposes of an HRO may include:
A single act of:
- physical assault;
- sexual assault;
- using another person’s personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with that person; or
- non-consensual dissemination of private sexual images;
- Repeated intrusive or unwanted acts, words, or gestures that have a substantial adverse effect, or are intended to have a substantial adverse effect, on another person’s safety, security, or privacy;
- Targeted residential picketing; or
- A pattern of attending public events after being notified that the person’s presence is harassing to another.
Types of Harassment Restraining Orders
A temporary HRO may remain in effect until a hearing is held on whether a final restraining order should be issued. A judge may grant a temporary ex parte order without the respondent being present if the court believes harassment has occurred. If the petition is based on a single incident, it must show an immediate and present danger of harassment.
A final harassment restraining order may be granted only after a court hearing where both the petitioner and the respondent have an opportunity to present their side of the case.
Final restraining orders are typically effective for up to two years. However, if the court has issued two or more previous restraining orders against the same respondent, or the respondent has violated a restraining order two or more times, the HRO may remain in effect for up to 50 years.
Who May Obtain a Harassment Restraining Order in Minnesota?
Any person who is a victim of harassment may seek an HRO from the court. If the alleged victim is a minor, a parent or guardian may request the order on the child’s behalf.
An HRO does not require any specific family or household relationship between the parties. It may apply to disputes involving neighbors, coworkers, acquaintances, former friends, strangers, or online harassment.
A Harassment Restraining Order may be issued against:
- An individual
- A group of individuals
- An organization, in appropriate cases
What Are the Steps for Getting a Harassment Restraining Order in Minnesota?
The harassment restraining order process generally begins with two filings:
- A petition alleging that harassment has occurred and stating the relief requested.
- An affidavit setting out the facts 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 an ex parte temporary order on the same day the petition is filed. If that happens, the temporary order remains in effect until a hearing is held.
The respondent must be properly served with the petition and any temporary order.
If either the petitioner or the respondent wants a hearing, that request generally must be made within 20 days of service of the petition. If a hearing is requested, notice of the hearing date is sent by mail.
Serving the Harassment Restraining Order in Minnesota
Service of the legal paperwork may be completed by a law enforcement officer, a corrections officer, or an employee of a jail or correctional facility. In some circumstances, the law permits an officer to serve the respondent with a “short-form notification.” This form advises the respondent that a restraining order has been issued, states that it is enforceable, and explains where a full copy may be obtained.
Violation of any term of the restraining order or short-form notification may result in criminal charges.
If the respondent cannot be located or is avoiding service, the petitioner may file an affidavit with the court. The judge may then 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
A violation of an HRO is a criminal offense. Penalties can increase with repeated violations.
- First offense: generally a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000.
- Second offense: may be charged as a gross misdemeanor, punishable by up to one year in jail and a fine of up to $3,000.
- Third or subsequent offense: may be charged more severely and can result in felony-level penalties in some circumstances.
How to Respond to a Harassment Restraining Order in Minnesota
If you have been served with an ex parte HRO or with a petition and affidavit seeking an HRO, you have the right to respond and request a hearing before the judge. There are strict deadlines, and it is important to act quickly.
Whether you are seeking protection or defending yourself against an HRO, it is important to speak with an attorney who can help you understand the process, preserve important evidence, and prepare for the hearing.
Harassment Restraining Order Attorney in Minneapolis
If you need to file for a Harassment Restraining Order, acting quickly may be critical to protect your safety and your rights. If you have been accused of harassment or served with an HRO, it is equally important to respond promptly and present your side of the story.
Evidence can be extremely important in these cases. Text messages, emails, call logs, photographs, witness statements, social media posts, and other documentation may affect the outcome. An experienced attorney can help you prepare the strongest possible case.
Minneapolis Attorney Judith Samson
With more than 20 years of experience, Judith Samson represents both petitioners seeking harassment restraining orders and respondents defending against them. She works to provide clear advice, honest case evaluations, and strong legal advocacy tailored to the facts of each case.
Call (612) 333-8001, email [email protected], or complete the online form to discuss your situation.
