Minnesota Harassment Restraining Orders
Harassment is a serious issue in Minnesota and across the United States. A temporary or final harassment restraining order (HRO) can be obtained to stop the harassment and prohibit any contact from the harasser. It can prevent the harasser from approaching your residence or workplace and restrict their proximity to you. This includes preventing phone calls, letters, and emails. The purpose of these orders is to minimize the risk of future harm to the victim.
Understanding Harassment in Minnesota
What constitutes harassment that can lead to a restraining order in Minnesota? According to Minnesota statute §609.748, harassment includes:
- Physical assault.
- Sexual assault.
- Using someone else’s personal information without consent to solicit a third party for a sexual act (part of stalking).
- Non-consensual dissemination of private sexual images.
- Repeated instances of intrusive or unwanted acts, words, or gestures that significantly impact or are intended to significantly impact your safety, security, or privacy.
- Targeted residential picketing.
- A pattern of attending public events after being notified that such presence is harassing to another person.
Types of Harassment Restraining Orders
A temporary order remains in effect until a hearing is held for the final restraining order. The harasser does not need to be present in court if the judge reasonably believes that the respondent has engaged in harassment. If a single incident serves as the basis for the petition, it must demonstrate an immediate and present danger of harassment.
A final harassment restraining order, also known as an injunction, can only be granted after a full court hearing where both the victim and the abuser have an opportunity to present their sides of the story.
Final restraining orders usually last for up to two years. However, if the court has issued two or more previous restraining orders against the same respondent or if the respondent has violated a restraining order two or more times, the HRO can be issued for up to 50 years.
Obtaining a Harassment Restraining Order in Minnesota
Any person who is a victim of harassment can seek a restraining order from the court. In the case of a minor victim, the parent or guardian can request the issuance of the same.
If you are a victim of harassment, you can file for an HRO regardless of your relationship with the harasser. It’s important to note that both the victim and the abuser can be either male or female.
The process of obtaining a harassment restraining order in Minnesota involves two essential pleadings:
- Petition: Alleges that a person has engaged in harassment and specifies the relief sought by the victim.
- Affidavit: Provides all the facts supporting the allegations of harassment.
These documents are filed in the district court of the county where you live, where the harasser resides, or where the harassment occurred. If a temporary order is deemed necessary by the judge on the day of filing, an ex parte temporary order will be issued and remain in effect until a hearing for the final restraining order. Proper service of the petition and any temporary restraining order must be provided to the respondent.
If either the respondent or the petitioner wishes to request a hearing, they must do so within 20 days of being served with the petition. If the respondent requests a hearing, the petitioner will receive notice of the hearing date by mail at least five days in advance.
Serving the Harassment Restraining Order in Minnesota
Service, or personal delivery, of the legal paperwork can be performed by a law enforcement officer, a corrections officer, or an employee of a jail or correctional facility. In certain circumstances, an officer may serve the respondent with a “short-form notification” that outlines the details of the restraining order and states its enforceability, along with information about accessing a copy of the order at the sheriff’s office or county court. Violation of any terms of the restraining order or notification may result in criminal charges.
If the respondent evades service or attempts to hide, an affidavit can be filed with the court. The judge may then allow for service by publication, which involves publishing a notice in the newspaper and mailing a copy to the respondent.
Violating a Harassment Restraining Order in Minnesota
Violating a harassment restraining order is a criminal offense. The severity of the charges depends on the number of times the order has been violated:
- First Offense: Considered a misdemeanor with penalties of up to three months in jail and fines of $1,000.
- Second Offense: Regarded as a gross misdemeanor, which can lead to up to 12 months in jail and fines of up to $3,000.
- Third Offense or More: After the second offense, the judge may pursue felony charges, resulting in a potential prison sentence of up to five years and fines of up to $10,000.
Responding to a Harassment Restraining Order in Minnesota
If you have been served with an Ex Parte Harassment Restraining Order, or a petition and affidavit for a Harassment Restraining Order, and wish to respond, you can file a request for a hearing with the judge. It is essential to meet the deadline for requesting a hearing.
Consulting with an attorney is crucial to ensure you meet the deadline and prepare an effective defense.
Harassment Restraining Order Defense Attorney in Minnesota
Taking swift action to obtain a harassment restraining order is vital to safeguard yourself and your loved ones. If you believe you are in immediate danger, do not hesitate to contact an attorney who can assist you with your case and help you promptly file for an HRO.
Collecting all relevant evidence to strengthen your case is crucial. Failure to present seemingly insignificant evidence could make the difference between winning and losing your restraining order matter. An experienced attorney will work tirelessly to give you the best chance of success.
Minnesota Criminal Defense Attorney Alex DeMarco
With more than 20 years of experience, Alex DeMarco and his team are dedicated to creating a welcoming and trustworthy environment while building a strong defense for their clients. They provide honest and straightforward options with realistic outcomes.
Call 651-705-8829 or complete the online form. Our phones are available 24/7. Alex DeMarco represents individuals throughout the state of Minnesota and can meet you anywhere, anytime.