Harassment Order

A person who is a victim of harassment may seek a restraining order from the Court. The parent or guardian of a minor who is the victim of harassment may seek a restraining order on behalf of the minor. The restraining order prohibits harassment and may be issued against an individual who has engaged in harassment, or against organizations that have sponsored or promoted harassment.

Defining Harassment
Under Minn. Stat. 609.748, harassment is defined as:
  • A single incident of physical or sexual assault
  • 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 you and the alleged harasser
  • Targeted residential picketing, which includes:
    • marching, standing, or patrolling by 1 or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building, and
    • marching, standing, or patrolling by 1 or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located
  • A pattern of attending public events after being notified that one's presence is harassing to another.
Apply for a Restraining Order
Fill out the Petitioner's Affidavit and Petition for Restraining Order. The Affidavit should be as complete and specific as possible. Dates, times, places, actions and conversations that lead the petitioner to feel harassed should be included in the narrative of the affidavit with the most recent acts listed first. The court administrator can provide form and clerical assistance; check with that office if you have questions.

File Forms
File the Affidavit with the court administrator.

Temporary Restraining Order
The court may issue a Temporary (Ex Parte) Restraining Order, which is only effective until the hearing. You must attend the hearing to get an order that will be effective for a longer period of time.

A copy of any order must be served on the respondent (the alleged harasser). Service is complete when an employee of the sheriff's office personally delivers a copy of the papers to the respondent.

If personal service cannot be completed because the respondent is avoiding service or you do not know the respondent's address, you may ask the court administrator's office to complete service by 1 week's published notice. If personal service is not complete and you do not request published notice, the Temporary Restraining Order will end 14 days after the judge signs it.

Change of Address
If you move, it is important that the court knows where you are. Please keep the court administrator information of your address.

Attend the hearing. You must attend the hearing if you want the court to issue a restraining order that could be effective for up to 2 years. Be prepared to present your case to the court. Bring any witnessed and documents to support your case. 

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