File or Fight a Harassment Restraining Order in Minnesota

Legal Acts of Harassment

• Physical or sexual assault
• Repeatedly following or monitoring someone
• Repeated uninvited visits
• Harassing phone calls or text messages
• Harassment via mail or social media
• Verbal and physical threats
• Residential picketing
• Breaking into someone’s home
• Damaging or stealing property
• Taking pictures without permission
• Sharing sexual images without permission
• Using personal information without consent

How Are Restraining Orders Issued in Minnesota?

In Minnesota, a Harassment Restraining Order (HRO) is a legal measure designed to protect individuals from intrusive or unwanted acts, words, or gestures that adversely affect the safety, security, or privacy of another person. The process begins when a victim files a “Petition for Harassment Restraining Order” with the court. The petitioner must provide evidence of harassment and demonstrate that they are in immediate and present danger of harm.

In cases where the Judge believes there is sufficient evidence, a temporary “Ex-Parte HRO” may be granted, which is effective until a hearing on the matter is held. At the hearing, both parties have the opportunity to present their case, and the Judge will decide if it is necessary to issue a more permanent Harassment Restraining Order.

How Do You Fight a Harassment Restraining Order in MN?

Fighting a Harassment Restraining Order requires a strategic approach and a thorough understanding of Minnesota law. For this reason, the first step you should take is to contact a Harassment Restraining Order lawyer, who will carefully review the allegations made against you and gather any evidence that contradicts these claims. This may include text messages, emails, witness statements, or any other documentation that supports your version of events.

Based on the evidence gathered, your attorney may use one or more of the following defenses to get the order dismissed or modified: 

• Behavior Was Not Harassment: One of the most effective defenses is to demonstrate that the alleged behavior does not meet the legal definition of harassment under Minnesota statutes. For instance, if the accusations involve repeated communications, your Harassment Restraining Order attorney in MN might argue that these were reasonable and not intended to cause fear or intimidation. Similarly, if the order was issued based on a single incident, your lawyer could argue that it doesn't constitute an ongoing pattern of harassment.
• Petitioner Is Not Credible: Challenging the credibility of the petitioner might include presenting evidence of a history of false accusations or demonstrating that the petitioner has ulterior motives for seeking the restraining order.
• Constitutional Rights Were Violated: It's also crucial to address any potential violations of your constitutional rights during the restraining order process. For example, if you were not given proper notice or an opportunity to be heard before a temporary restraining order was issued, this could be grounds for challenging the order.

A Harassment Restraining Order can have serious consequences, potentially affecting your reputation, employment, and personal relationships. It could even lead to criminal prosecution if violated. That's why it's important to have a knowledgeable HRO attorney in Minnesota guiding you through this process and vigorously defending your rights.

Consequences of Violating an HRO

A Harassment Restraining Order is a formal court order, and violating those terms may lead to criminal prosecution.

Misdemeanor charges may be issued if the respondent knows the order is in place and violates it. This is punishable by up to 90 days in jail and a fine of up to $1,000.

Gross Misdemeanor charges may be issued if the respondent violates an HRO and has a domestic violence related conviction within 10 years. This is punishable by up to one year in jail and a fine of up to $3,000.

Felony HRO violations are punishable by up to 5 years in prison and a fine of up to $10,000. Charges may be issued if the respondent:

• Has two or more prior domestic violence related convictions within 10 years
• Violated the HRO because of the victim’s race, color, religion, sex, sexual orientation, or disability
• Falsely impersonated another individual
• Used a dangerous weapon
• Violated the order when the victim is under the age of 18 and the respondent is 36 months older