How Do I Obtain a Harassment Restraining Order?

Obtaining a Harassment Restraining Order in Minnesota

Minnesota law provides that a person may seek a harassment restraining order if they are subjected to harassment by another. In short, this means that if harassment is established, the Court may require a person to cease contact or stay away from another individual. Violation of a harassment restraining order is a crime, and may result in a hefty fine or even jail time.

However, in order to obtain a harassment restraining order, or “HRO,” the person seeking the order (the “Petitioner”) must prove that they were harassed by the other party (the “Respondent”).

What qualifies as harassment?

For purposes of an HRO, Minnesota law defines harassment as:

(1) a single incident of physical or sexual assault, a single incident of harassment under section 609.749, subdivision 2, clause (8), a single incident of nonconsensual dissemination of private sexual images under section 617.261, or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target;

(2) targeted residential picketing; and

(3) a pattern of attending public events after being notified that the actor's presence at the event is harassing to another.

The most common form of harassment falls into the first category, and includes an incident of physical or sexual assault. In addition to an assault, harassment may also include “repeated incidents of intrusive or unwanted acts words or gestures.” However, while this definition is broad, it is further limited. Rude conduct is not enough to meet this standard, instead the unwanted acts or words must “have a substantial adverse effect…on the safety, security, or privacy” of the Petitioner.

This can be a difficult standard to meet, and can appear to be somewhat subjective. Often, it can be difficult for Petitioners to prove that the unwanted communication had a substantial adverse effect on their safety, security, or privacy. To prove this effect, a Petitioner usually must demonstrate to the Court the significant impact such harassment had on their life, including impact on their physical or mental health.

What needs to be filed to obtain an HRO?

Minnesota courts provide court forms that a Petitioner may fill out in order to ask the Court for an HRO. Additionally, most attorneys have their own forms that can be tailored to each client’s unique situation. In any case, the filing will need to include details about both the Petitioner and Respondent, the alleged harassment, and what the Petitioner requests the Court to do. It is often wise to consult with a Minnesota Restraining Order Attorney prior to drafting or filing pleadings with the Court.

If you believe you have been a victim of harassment, or are involved in a HRO case, call the Minnesota harassment attorneys at RAM Law PLLC or submit our online form to set up a free consultation.