Harassment Restraining Orders in Minnesota
Learn what action to take if a harassment restraining order is issued against you. Public record of an HRO can create unwanted challenges in finding work or housing, so it’s important to act quickly.
I have been served with a harassment restraining order, what should I do?
It can be very unsettling and scary to learn that a harassment restraining order has been issued against you. It is important that you consult an experienced attorney to help you with next steps as you only have a short period of time to fight the order.
What is a harassment restraining order?
A harassment restraining order is an order that prohibits a person from harassing or contacting another individual. Contact includes verbal, phone, text message, or through a third party. It can also prohibit a person from going to the protected party’s place of employment, residence, or other locations. Most often, the order will be issued for 2 years. However, in some cases, the order can be issued for up to 50 years.
How is harassment defined?
Minnesota law defines harassment as (1) a single incident of physical or sexual assault; (2) a single incident of harassment under Minn. Stat. § 609.749, subd. 2(8); (3) a single incident of nonconsensual dissemination of private sexual images; or (4) 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.
How do I fight to the order?
You only have 20 days from the time that you were served with the order to request a hearing. If you do not request a hearing, the harassment restraining order will stay in place and you will lose to right to challenge the order.
At the hearing, the person requesting the harassment restraining order has to prove that you engaged in harassment. That person can testify, or they can present other evidence. You will have the opportunity to ask them questions and present your own evidence.
Are there any other options?
If you do not want to fight the order, you should still request a hearing. You will have the option to agree to a harassment restraining order without the judge finding that you engaged in harassment, or you may be able to settle the case in some other way without a harassment restraining order.
What if a harassment restraining order is issued against me?
There will be a public record of the order, which means that anyone in the public can learn that a harassment restraining order has been issued against you. This could cause difficulties in being able to find employment or housing. Additionally, if you violate the harassment restraining order, you could be charged with a crime. If you are convicted of violating a harassment restraining order, that conviction can be used to enhance future crimes. This means that a future conviction could have worse penalties and consequences.
The attorneys at Sieben & Cotter have been successful in beating harassment restraining orders and settling them favorably for their clients. If you have been served with a harassment restraining order, act quickly. Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.