Harassment Restraining Order’s in Minnesota:
- How to apply?
- Who do they cover?
- What protections do they offer?
Answers to these questions and more from Attorney Sean Morris below!
What is, Who can apply for & What behaviors?
When someone is repeatedly harassing, threatening, or intimidating you, Minnesota law provides legal protection through harassment restraining orders (HRO’s). These court orders can offer crucial safeguards for individuals facing unwanted contact or threatening behavior from another person. Understanding how to apply for an HRO, what protection it offers, and who qualifies for coverage can be essential for your safety and peace of mind.
What is a Harassment Restraining Order?
A harassment restraining order is a legal document issued by a Minnesota court that prohibits one person from engaging in harassing behavior toward another. Unlike domestic abuse restraining orders, which are specifically for situations involving family or household members, HRO’s can be used against anyone who is engaging in harassing conduct.
Minnesota law defines harassment as engaging in intentional conduct which the actor knows or has reason to know would cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, and which causes this reaction on the part of the victim regardless of the relationship between the actor and victim.
Who Can Apply for a Harassment Restraining Order?
Minnesota's harassment restraining order statute is broad in its coverage. You can apply for an HRO if you are being harassed by virtually anyone, including:
- Neighbors who are engaging in threatening or intimidating behavior
- Coworkers or former coworkers who are making you feel unsafe
- Acquaintances, friends, or former friends who won't stop unwanted contact
- Strangers who are stalking or threatening you
- Former romantic partners (if you don't qualify for an Order for Protection
- Anyone else whose behavior meets the legal definition of harassment
Parents or guardians can also apply for HRO’s on behalf of minor children who are being harassed. Additionally, vulnerable adults may have HRO’s sought on their behalf by concerned family members or caregivers in certain circumstances.
What Behaviors Qualify as Harassment?
Minnesota courts have recognized various behaviors as constituting harassment for the purposes of restraining orders. These can include:
- Direct threats or intimidation, such as threatening physical harm, property damage, or other consequences.
- Repeated unwanted contact through phone calls, text messages, emails, social media, or in-person visits after being told to stop.
- Following or stalking behavior, including showing up at your home, workplace, or other locations you frequent.
- Property damage or vandalism targeted at intimidating or frightening you.
- Cyberbullying or online harassment that creates fear or distress.
The key factor is that the behavior must be intentional and cause you to feel frightened, threatened, oppressed, persecuted, or intimidated. A single incident generally won't qualify unless it's particularly severe, but a pattern of unwanted behavior often will.
How to Apply for a Harassment Restraining Order
The process of obtaining an HRO in Minnesota involves several steps, and you can represent yourself without an attorney, though legal assistance is always recommended when possible.
Step 1: Complete the Required Forms
- You'll need to fill out a petition for a harassment restraining order, which is available at your local courthouse or online through the Minnesota Judicial Branch website. The petition requires detailed information about the harassment you've experienced, including specific dates, times, and descriptions of incidents. Be as thorough and specific as possible, as this information will be crucial to your case.
Step 2: File the Petition
- Take your completed petition to the courthouse in the county where you live, where the harassment occurred, or where the person harassing you lives. Court staff can help you with the filing process, but they cannot provide legal advice.
Step 3: Temporary Restraining Order
- If the court finds that there are reasonable grounds to believe that harassment has occurred, a judge may issue a temporary restraining order that same day. This temporary order provides immediate protection while you wait for your full hearing. The temporary order typically lasts until your hearing date, usually within 7 to 14 days, but sometimes longer depending on the Court’s availability.
Step 4: Service of Process
- The court will arrange for the harassment restraining order petition and any temporary order to be served on the person you're seeking protection from. This person, called the respondent, must be officially notified of the court proceedings and given copies of all relevant documents. This is generally done by a Sheriff Deputy, other law enforcement officer, or a process server.
Step 5: The Hearing
- Both you and the respondent have the right to appear at the hearing and present evidence. You should bring any documentation that supports your case, such as text messages, emails, photographs, police reports, or witness statements. The respondent also has the right to present their side of the story and contest the allegations.
Step 6: The Judge's Decision
- After hearing both sides, the judge will decide whether to grant a permanent harassment restraining order. If granted, the order typically lasts for up to two years, though it can be renewed if necessary.
Protections and Enforcement
What Protections Does an HRO Provide?
A harassment restraining order can include various provisions designed to protect you from further harassment.
Common protections include:
- No contact orders that prohibit the respondent from contacting you directly or indirectly through third parties, including phone calls, text messages, emails, social media contact, or in-person communication.
- Stay-away provisions that require the respondent to stay a certain distance away from you, your home, workplace, school, or other locations you regularly visit.
- Prohibition against harassment that specifically forbids the respondent from engaging in any harassing, threatening, or intimidating behavior toward you.
In some cases, the court may also order the respondent to return your property, stay away from your children or family members, or refrain from purchasing or possessing firearms.
Enforcement and Violations
Once a harassment restraining order is in place, violating it is a criminal offense in Minnesota. If the respondent violates the order, you should contact law enforcement immediately. Police can arrest the violator, and they may face criminal charges including fines and potential jail time.
Keep a copy of your restraining order with you at all times and make sure family members, employers, and security personnel at your workplace or school are aware of the order. Document any violations with photographs, screenshots, or other evidence, as this information may be needed for criminal prosecution.
Final Thoughts
Important Considerations
While harassment restraining orders are valuable legal tools, they are not foolproof protection. The order is only as effective as the respondent's willingness to comply with it and law enforcement's ability to enforce it. You should continue to take personal safety precautions and consider developing a safety plan.
Additionally, filing for a restraining order creates a public court record, and the process involves notifying the person harassing you about your legal action. In some situations, this might escalate the harassment before it gets better, so it's important to consider your safety throughout the process.
Getting Help
If you're experiencing harassment, you don't have to navigate this process alone. Minnesota has various resources available, including legal aid organizations that can provide free or low-cost legal assistance, victim advocacy programs that can help you understand your options and navigate the court system, and law enforcement agencies that can provide immediate protection if you're in danger.
Remember that harassment restraining orders are an important tool for protection, but they work best as part of a comprehensive safety plan. Don't hesitate to reach out for help and support as you work to protect yourself from harassment.
