Harassment

What to Do if You Are Being Harassed

If a person is being harassed by another person by repeated intrusive or unwanted acts, words or gestures intended to negatively affect the safety, security or privacy of that person, the person being harassed may file for a restraining order in Harassment Court. Issues that CANNOT be handled in Harassment Court include:

physical abuse or threats by a spouse, ex-spouse, live-in partner or person with whom they have children. (you can file for an "Order for Protection" with help from the Domestic Abuse Service Center);
custody and visitation of minor children (handled in Family Court);
disputes involving money or property (handled in Conciliation Court); or
disputes between landlord and tenants (handled in Housing Court).

NEW! Starting Aug. 3, 2009, if you live in Hennepin County and you want to ask for a Harassment Restraining Order, you should go to the 4th Dist. Self-Help Center or talk with a lawyer.

How to Ask for a Harassment Order in Hennepin County

Harassment Court Forms

The person filing for the restraining order is called the "Petitioner." The other party against whom the order is being filed is called the "Respondent." The petitioner must know the correct names of all respondents for the case to proceed. A parent or guardian may file for a harassment order on behalf of a minor child. A victim does not have to report the harassment to the police before asking for a court order.

When filling out the forms, the petitioner must list the repeated acts that he or she believes are harassment. When finished filling out the forms, the petitioner must sign an oath stating the facts in the form are true. A Court Clerk or Notary Public must witness this signature. The papers will then be taken to a judge for review and possible signature.

If the judge signs the papers, the papers must be filed with the District Court and be personally served on the respondent(s). Depending on the facts of the case, there may be a filing fee to start a harassment case, which may be waived if you qualify based on low-income for a fee waiver (IFP). The filing fee may also be waived under certain circumstances such as when the petitioner has a police report with him or her, or if the facts of the case meet the definition of criminal harassment under MN Stat. § 609.749, subd. 2 or 3.

If the judge grants an order, the petitioner will receive a temporary order that tells the respondent not to harass the petitioner. A harassment hearing is no longer required. However, petitioner has the option to request a harassment hearing before a judge within 45 days of filing the restraining order. The respondent also has the option to request a harassment hearing within 45 days of being served with a copy of the order. If the parties do not request a hearing, the temporary harassment order will stay in effect for up to two years from the date it was signed by the judge.

When a Hearing is Requested

The court will notify the parties by mail at least five (5) days before the hearing. A "Referee" is the judicial officer who hears the case at the initial hearing. Parties must be in the harassment courtroom at least 15 minutes before the scheduled hearing time. If the petitioner does not appear, the temporary restraining order will be cancelled. If the respondent does not appear and was served with an order, the petitioner will receive a restraining order against the respondent. The parent or guardian and the minor child (if the child is 11 years of age or older) must be present at the hearing.

The parties may have a lawyer or advocate with them at the hearing, but it is not required. Most people do not have a lawyer with them. The parties should not bring evidence or witnesses to the initial hearing.

At the initial hearing the referee may refer the parties to a trained mediator who will try to help the parties resolve the dispute by reaching an agreement or "settlement."

The focus of the hearing or mediation will NOT be on past actions or the acts alleged in the petition, but rather on how to best resolve the dispute. 80% of harassment cases are resolved at the initial hearing, usually because the parties reach an agreement. Orders based on the agreement may be given to the parties before they leave the courtroom.

If the parties agree to some type of restraining order, it usually means they will not be allowed to have contact with or harass each other for a period of a few months up to two years.

Any order issued by the Harassment Court is a civil order. Agreeing to a harassment order does NOT result in a criminal record. However, if a restraining order is violated, the victim may call the police. If the police find there is probable cause to believe the order has been violated and make an arrest, the person violating the order may be subject to criminal penalties.

If the parties are unable to reach an agreement at the Harassment hearing, the temporary restraining order is continued and an evidentiary hearing is scheduled for a future date before a judge. Witnesses and evidence will be presented at this hearing. Before the evidentiary hearing, the possibility of a settlement may again be raised. If a settlement is not reached, the judge will consider the testimony of the parties and witnesses and any other evidence presented. The judge may make a finding of harassment and decide whether or not a restraining order should be issued. As in agreed upon orders, if the order is violated the person being harassed may call the police to get the order enforced.

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