In Minnesota, a person who is being “harassed” can obtain a Harassment Restraining Order from the court. A Harassment Restraining Order, or HRO, aims at preventing future harassment and may prevent the harassing person from having any contact, direct or indirect, with the victim or his or her family.
An HRO also allows the police to arrest the harasser without a warrant if he or she violates the order. However, a person does not have to file a police report in order for a person to file for an HRO. Although only certain people can petition the Court for an Order for Protection (you must have a family relationship, such as spouse, child, significant other, brother, sister), a Harassment Restraining Order can be obtained regardless of any relationship.
Under Minnesota law, harassment includes a variety of acts. Harassment includes not only physical or sexual assault, but also repeated acts of intrusive behavior, such as words, gestures, or contact.
The person requesting the HRO has to submit a sworn affidavit to the Court. After reviewing the affidavit, the Court has the discretion to issue an HRO for a period of two years. If the person who is the subject of the HRO wishes to challenge the merits of the Order, he or she can request an evidentiary hearing or trial. If such a hearing is scheduled, both parties and any witnesses have the ability to testify in Court. After listening to all of the evidence, the Judge decides whether or not to issue a Harassment Restraining Order.
Our office has handled many HRO cases, both on behalf of victims of harassment and those accused of harassment. To learn more about Harassment Restraining Orders in Minnesota, contact one of our experienced Minnesota Order for Protection attorneys and look to Minn. Stat. 609.748 for more information on the specifics of the law.
Because accusations of harassment are so challenging, it is important to turn to an experienced attorney for representation. Our Minnesota divorce attorneys will work with you to help ensure that the best interests of you and your family are protected.
At Alithis Family Law, our lawyers pride themselves on how they serve our clients. Please reach out today for your free consultation—you can call our office at (952) 800-2025 or contact us by email at info@alithisfamilylaw.com.