How
to apply for a Harassment Restraining Order
(Petitioner Instructions)
Who
May Apply?
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.
What
is 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:
a. marching, standing, or patrolling by one
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
b. marching, standing, or patrolling by one
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.
How
do I apply for a Restraining Order?
Forms
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.
Service
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 one 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.
Hearing
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 two
years. Be prepared to present your case to
the court. Bring any witnessed and documents
to support your case. |
