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Harassment Restraining Orders
If you believe that someone is harassing you, you may ask the court for a Harassment Restraining Order. A victim does not have to report the harassment to the police to ask for a court order. Depending on the facts, 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).
Getting a Harassment Order in Hennepin County
If someone has repeatedly done unwanted acts, words, or gestures toward you, which cause, or are intended to cause substantial adverse effect upon your safety, security or privacy, you can ask the court for a Harassment Restraining Order. Read the law on Harassment Orders at MN Stat. § 609.748.
If you start a case, you are called the "Petitioner" and the person who committed the acts is called the "Respondent."
You can start a Harassment case in the Hennepin County District Court if:
- you or the Respondent lives in Hennepin County OR
- the harassment occurred in Hennepin County;
AND
- the Respondent has physically or sexually assaulted you (only one incident is required); OR
- the Respondent has done acts, words, or gestures on at least two different days, AND
the actions have caused, or were intended to cause, substantial adverse effect upon your safety, security or privacy
What can a Harassment Order do for You
- prevent further harassment
- order the Respondent not to contact you and your family at any time
- allow police to arrest the Respondent without a warrant for violations of the order
How to Ask for a Harassment Order
NEW! Starting Monday, Aug. 3, 2009, anyone seeking a Harassment Restraining Order in Hennepin County should go to the 4th District Court Self-Help Center, located on the Public Service Level (2nd fl.) of the Hennepin County Govt. Center, 300 6th St. S. in downtown Minneapolis. Hours of service are 8a - 3:30p on Monday, Tuesday, Thursday and Friday, and 8am - 1:30p on Wednesday.
Staff can help you prepare the paperwork (Affidavit, Petition and proposed Order). A "signing judge" will review your Petition and Affidavit and will decide if a two-year Harassment Order should be issued and whether a hearing will be required.
The Judge will sign an order that does one of three things:
- Dismissal – meaning that the incidents you described in your papers do not rise to the level of harassment. In order to re-file, there will need to be a new incident or incidents that you believe are harassment.
- Denial – meaning that a temporary order is not granted, but you may request a hearing to present your case to the judge.
- Harassment Restraining Order – meaning that a two-year is granted without a hearing.
You may request a hearing in writing within 45 days of an order being signed by the judge. The Respondent may request a hearing in writing within 45 days of being served with an order.
Harassment hearings are scheduled on Monday in the Hennepin County District Court. For more information, see Harassment Court.
How to Respond to a Harassment Order
If someone got a temporary order for harassment against you and you want to respond or ask for a hearing, you can download forms and instructions by clicking the link below. Carefully read and follow all of the instructions. You might also want to talk to a lawyer about your legal rights and options.
Harassment Forms
NEW! Online Petition for Harassment Order (service of LawHelpMN.org)
Forms to Petition for a Harassment Order
Forms to Respond to a Harassment Order
All Harassment Court Forms
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