Harassment Restraining Order/Order for Protection
In Minnesota, a harassment restraining order (HRO) forbids someone from acting in a harassing manner against another person. If someone seeks a harassment restraining order against you, it means they feel you have harassed them and they want to take legal action to stop additional harassment from happening. These can also be called an Order for Protection (OFP). An HRO and an OP are similar petitions and are litigated by attorneys in almost identical ways.
Harassing behavior might involve a variety of things. This includes, but is not limited to, issuing threats, following someone, calling them constantly, or engaging in any behavior that causes a reasonable fear of injury or discomfort. It can also include physical or sexual assault, substantial emotional distress, repeated phone calls or texts, and non-consensual dissemination of private sexual images.
A person doesn’t need to necessarily prove they have been a victim in order to file an HRO or protection order against someone. All they need to do is file a legal document called an affidavit outlining the alleged harassment.
But if a court later determines that your behavior falls within the legal definition of harassment, it can issue a restraining order against you requiring you to remain away from the person who filed the HRO or OP and bars you from engaging in any additional harassing activity against that person.
If you have been served with an HRO or an order for protection in Minnesota, we can help you present your case to the judge and try prevent the order from taking effect. Remember, just because someone files an HRO against you doesn’t mean you actually harassed that person, nor does it mean a judge will agree with that person’s version of events.
But in order for that to happen, you must fight.
Harassment Restraining Orders: A Step-by-step Process
If you have an HRO filed against you in Minnesota, the following steps are likely to occur:
(1) An HRO/OFP Petition is Initiated
After someone initiates the HRO process, meaning they file an affidavit outlining the alleged harassment, a judge will review the petition. A temporary order is either issued or denied by the judge based on their review of the conduct.
(2) Service of the Temporary HRO Order
If the judge deems your conduct constitutes harassment, the temporary order will be served on you, typically by a law enforcement officer. The order will provide details on what you can and cannot do in order to stay compliant with the temporary order.
(3) Scheduling a Hearing
Hearings are only scheduled if you, the person served with the order, requests one to contest the order. We generally recommend requesting a hearing to contest the temporary order because it provides an opportunity for the person being served with the order to present their side of the story. If the person being served with the order does not request a hearing, the temporary order usually becomes permanent. This could have serious consequences such as restricting or limiting your access to firearms, among other things. It's important to note that if you do request a hearing, you will need to provide evidence to support your case.
(4) The Hearing
You will have the opportunity to attend the hearing and present your case. Although you can contest a temporary order without an attorney, for the best outcome, it’s best to have a lawyer to help you. Attorneys at Ringstrom DeKrey have fought many HROs and have prevented many of them from going into effect.
(5) The Decision
At the hearing, the judge will decide whether to make the temporary restraining order permanent or not. If the judge makes the order permanent, it is usually in place for 2 years. In some cases, however, it can be extended up to 50 years.
(6) Complying with the Official HRO Order
If the restraining order is made permanent, you will need to comply with its terms. The terms may include things like not contacting the person who filed the order against you, staying away from certain locations, and refraining from any harassing behavior (or behavior that could be considered harassing). Notably, it can even impact your ability to own or carry firearms and ammunition.
(6) Consequences of Violating an HRO In Minnesota
Violating a restraining order can result in criminal charges and penalties, including fines and jail time. Given this, it's important to take the order seriously and comply with its terms. The first violation of an HRO is a misdemeanor; subsequent violations can have stiffer penalties. For instance, a second violation is a gross misdemeanor, and three or more violations can mean a felony charge in Minnesota.
What do I need to know about an HRO Petition Being Filed Against me in Minnesota?
-
Generally, the respondent will need to contact the court to request a hearing. If you have retained an attorney, they can do this on your behalf. If you choose to contest the order without an attorney, specific instructions for how to contact the court and request a hearing may be included in the paperwork served to the respondent. It’s important to carefully review these documents. In some cases, the court may also provide information about the timeline for requesting a hearing and any deadlines that must be met.
-
In Minnesota, a person may file for an HRO if they can prove that they have been a victim of harassment. Harassment is defined as a pattern of behavior that is intended to cause fear, intimidation, or harm to another person. This can include stalking, threats of harm, verbal abuse, unwanted physical contact or touching, and cyber bullying.
But remember, just because a person says harassment is happening doesn’t mean it is, and it doesn’t mean you can’t fight it. You can and you should if you think it’s not true.
-
If you are found guilty of violating an HRO in Minnesota, you may be fined up to $1,000 and/or sentenced to up to 90 days in jail. Other consequences include extending the order beyond the original time period, a criminal record that could affect future opportunities, and loss of your gun rights.
-
In Minnesota, an HRO and an NCO are both legal orders that aim to protect victims from harm.
They differ mainly in their scope of protection. An HRO protects a victim from harassment. An NCO prohibits contact between two parties, regardless of whether there has been harassment or not.
An NCO is typically issued in cases where there is a specific type of relationship between the parties, such as in cases of domestic violence. Each order is different and has different parameters, however, so it’s important to understand the specifics of your individual order to stay in compliance.
-
To fight the order against you, your attorney should review the allegations made by the petitioner in the HRO and understand the specific behavior they are claiming constitutes harassment. This will help you shape your defense.
Next, your attorney should collect any evidence that contradicts the petitioner’s allegations or supports your version of events. This could include witness statements, emails or text messages, social media posts, or other documentation.
The attorney will then prepare for the hearing and present your evidence and testimony to refute the petitioner's allegations. They will also likely cross-examine the petitioner and their witnesses to challenge their testimony.
The overall goal is to have the judge throw the temporary HRO out, so that it doesn’t go into effect — and mess up your life — for up to two years.
-
HROs are considered a civil legal matter, not a criminal one. No criminal charges are filed against you if the judge issues the HRO. Therefore, the act of having an HRO filed against you, in and of itself does not make you a criminal. However, violating an HRO is a crime, which is why compliance is so important.
Contact us
Email: assistant@ringstromdekrey.com
Tel: 218-284-0484
814 Center Ave. Ste. 5
Moorhead, MN 56560