Minnesota Harassment Restraining Orders and Orders for Protection

By Melanie Finley

What is the difference between a Harassment Restraining Order and an Order for Protection?

Harassment Restraining Orders typically apply to individuals in non-household, non-romantic relationships. They often involve repeated, unwanted contact that makes a person feel unsafe.

Orders for Protection typically apply to people in the same household, people in romantic relationships, or those seeking to end abusive intimate partnerships.

Children and adults can request relief from the Court through Harassment Restraining Orders or Orders for Protection. The objective in getting one of these orders from the court is to ensure safety for the protected individual and provide criminal consequences for a person violating such an order.

Harassment Restraining Orders

Our firm represents both Petitioners (the person seeking relief) and Respondents (the person responding to relief requested).

Harassment often involves household or non-household members, neighbors, classmates, current or former acquaintances, and named strangers. Harassment can occur both in-person, online, and over the phone.

Minnesota Statute § 609.748 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.

A person committing acts of harassment may be an adult, juvenile, or organization. A parent, stepparent, or guardian may seek a harassment restraining order on behalf of their juvenile child.

Orders for Protection

Our firm represents both Petitioners (the person seeking relief) and Respondents (the person responding to relief requested).

Orders for Protection typically involve domestic abuse.

Minnesota Statute § 518B.01 defines “domestic abuse” as:

(a) "Domestic abuse" means the following, if committed against a family or household member by a family or household member:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; sexual extortion within the meaning of section 609.3458; or interference with an emergency call within the meaning of section 609.78, subdivision 2.

(b) "Family or household members" means:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are presently residing together or who have resided together in the past;

(5) persons who have a child in common regardless of whether they have been married or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

(7) persons involved in a significant romantic or sexual relationship.

Issuance of an order for protection on the ground in clause (6) does not affect a determination of paternity under sections 257.51 to 257.74. In determining whether persons are or have been involved in a significant romantic or sexual relationship under clause (7), the court shall consider the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination.

Not all domestic abuse involves physical or sexual assault. Coercive control may also constitute domestic abuse.

How does the process work?

 In both harassment restraining order cases and order for protection cases, the process begins with an initial consultation with one of our attorneys. The person seeking to retain the firm will be asked to meet at our office to review the retainer agreement, submit their deposit, and begin discussing their case. Your attorney may give you a homework assignment to write up a timeline of events, get copies of documents, or provide contact information for potential witnesses.

Attorneys gather information from the client and if the client is the individual seeking relief, attorneys draft a petition to submit to the court.

Once the court receives the petition, court administration serves the order on the respondent. The judge may or may not issue an ex parte order. This means that before any hearing takes place, the judge may grant temporary relief in the form of a temporary stay-away order.

There will likely be an initial hearing. This requires you to come to court (or sometimes make a zoom court appearance), with your attorney. You will likely see many other people scheduled for initial hearings at the same time. The judge will get a status update to determine if the respondent agrees to the issuance of the order or if the case needs a contested evidentiary hearing. The respondent will have three options at the initial hearing. (1) They may agree that the order can issue with findings that harassment or domestic abuse have occurred as stated in the petition. (2) They may agree that the order may issue without findings. (3) Or they may contest the allegations and demand an evidentiary hearing. Depending on how many cases are on the court’s calendar that day, the evidentiary hearing may take place that same day or be re-set to a different date. Sometimes individuals appear for the initial hearing and request a continuance so they may consult with or retain an attorney. Judges often grant this request.

If the respondent does not show up to the hearing, you may proceed without them present. This is called “default”. This means that if you are the petitioner, your attorney will help you provide testimony and offer evidence. The judge will them make a decision to either grant or deny the issuance of the order the same day. Court administration then has law enforcement serve the order on the respondent.

Sometimes, our attorneys are able to negotiate with the opposing side before court. Negotiations may include agreeing that the order issue with certain exceptions. In cases involving negotiations  with domestic abuse, attorneys may try to work with you to develop terms for temporary parenting time arrangements or temporary supervised parenting time. These negotiated terms may provide an opportunity for the parties to have a temporary schedule until their dissolution (divorce) or custody case makes its way through the court system. Dissolution and custody cases are separate cases and much more complicated. Dissolution and custody cases may take months or even years to reach final resolution.

Contested evidentiary hearings involve the parties providing testimony and submitting exhibits if they have any. The judge makes a decision on the case that same day. Evidentiary hearings are essentially mini-trials before a judge (no jury). Your attorney will likely ask you questions on the witness stand and the opposing party or their attorney will ask you follow-up questions (this is called cross-examination). If you are the petitioner on a case, you will be expected to testify. If you have any witnesses, they will be expected to testify. If you are represented by an attorney, you will meet prior to the hearing to discuss your planned testimony, evidence, and strategy. Everyone is nervous when they provide testimony. Your attorney is there to guide you along the way and assist the court in telling your story.