Minnesota Harassment Restraining Order

How to get a restraining order in Minneapolis, MN

In Minnesota, dealing with protective orders can be confusing. There is both the “Harassment Restraining Order” and the “Order for Protection” – both with the ultimate goal of protecting victims of harassment in Minneapolis.

The attorneys at Martine Law, a criminal defense and family law firm in Minneapolis, Minnesota, have helped clients file and defend themselves against restraining orders and orders for protection and are fervently dedicated to advocating for each of our clients, no matter the circumstance.

In this blog, our Minnesota attorneys explain what Harassment Restraining Orders and Orders for Protection are, and the differences between the two.

What is a Harassment Restraining Order?

A Harassment Restraining Order (also known as “HRO”) inhibits a person from contacting or harassing the petitioner (aka the “accuser”). No special relationship needs to be established between the parties for an HRO to be issued.

What is Considered Harassment in Minneapolis, Minnesota?

According to Minnesota Statute 609.748, the definition of “harassment” includes:

A single incident of physical or sexual assault, or repeated incidents of intrusive or unwanted acts, words, or gestures that have or are intended to have a substantial adverse effect on the safety or security of another, regardless of the relationship between the parties. 

Who Can File an HRO in Minnesota?

A person who is alleging “harassment” may seek an HRO or the parent or guardian of a minor who is a victim of harassment may seek an HRO on behalf of the minor.

However, an adult can also ask the court for a HRO on behalf of another adult if a court order is granted to allow legal guardianship.

Under What Circumstances Can I File an HRO?

An HRO includes an allegation that the other party:

• committed a single act of physical or sexual assault; or
• committed repeated intrusive or unwanted acts, words, or gestures toward the petitioner and those acts, words, or gestures had a negative effect on the petitioner’s safety, security, or privacy.

Where Does Someone File an HRO in Minneapolis?

An HRO may be filed in the county of residence of either party or the county in which the alleged “harassment” occurred.

What is an Ex Parte HRO?

The term “ex-parte” means the accused is not notified beforehand or present in court. If the judge reads an HRO petition and decides there is an immediate danger, the judge can order an ex-parte HRO.

How Long Does an HRO Last?

An HRO is applicable for a fixed period of time determined by the court. It can generally last up to two years.

What Can the Accused Do to Defend Themselves?

The accused can request a hearing and defend themself against any allegations. After the hearing, the ex-parte HRO may be modified or removed by the judge.

What is an Order for Protection in Minnesota?

An Order for Protection (“OFP”) can give broader protections than an HRO, especially when it comes to protections against instances of domestic violence. However, those wishing to file an OFP must have what the courts call a “qualifying relationship”, which can include family or household members, or individuals who were or are in a romantic or intimate relationship.

On the other hand, there is no relationship requirement to file an HRO.

Contact a Law Firm in Minneapolis, Minnesota

If you find yourself in need of assistance navigating the complexities of filing or defending against a Harassment Restraining Order (HRO) or an Order for Protection (OFP) in Minnesota, the experienced legal team at Martine Law is ready to provide guidance and representation. 

Contact us today for a free consultation and let us help you understand your rights and options.