Twin Cities Criminal Lawyer

Harassment; Restraining Order

Navigating Harassment Restraining Orders in Minneapolis-St. Paul: Understanding Protections and Defenses Under Minnesota Statute § 609.748

Allegations of harassment and the subsequent pursuit or imposition of a Harassment Restraining Order (HRO) under Minnesota Statute § 609.748 are serious matters with profound implications for all parties involved in the Twin Cities metropolitan area, including Minneapolis, St. Paul, Hennepin County, and Ramsey County. This statute provides a civil mechanism for victims of harassment to seek protection from further intrusive or unwanted conduct. It also establishes significant criminal penalties for individuals who violate these court-issued restraining orders. A thorough understanding of what constitutes “harassment” under this law, the process for obtaining an HRO, and the consequences of violating one is essential for anyone entangled in such proceedings.

The issuance of an HRO can significantly restrict an individual’s actions and interactions, while a violation can lead to misdemeanor, gross misdemeanor, or even felony charges, resulting in potential imprisonment, fines, and a lasting criminal record. For residents across the greater Twin Cities region, from Anoka to Scott County, whether seeking protection or responding to an HRO petition, comprehending the legal standards, evidentiary requirements, and available defenses is paramount. This area of law requires careful navigation to protect one’s safety, security, privacy, and legal rights.

Minnesota Statute § 609.748: The Legal Framework for Harassment Restraining Orders and Their Enforcement

Minnesota state law addressing Harassment and the issuance of Restraining Orders is codified under Minnesota Statutes § 609.748. This comprehensive statute defines what constitutes harassment for the purpose of obtaining an order, outlines the procedural steps for seeking and granting such orders, details the types of relief available, and specifies the criminal penalties for violations. It is the primary legal authority for these matters in Minneapolis, St. Paul, and throughout Minnesota.

609.748 HARASSMENT; RESTRAINING ORDER.

Subdivision 1.Definition. For the purposes of this section, the following terms have the meanings given them in this subdivision.

(a) “Harassment” includes:

(1) a single incident of physical or sexual assault, a single incident of harassment under section 609.749, subdivision 2, paragraph (c), 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.

(b) “Respondent” includes any adults or juveniles alleged to have engaged in harassment or organizations alleged to have sponsored or promoted harassment.

(c) “Targeted residential picketing” includes the following acts when committed on more than one occasion:

(1) 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; or

(2) 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.

Subd. 2.Restraining order; court jurisdiction. (a) A person who is a victim of harassment or the victim’s guardian or conservator may seek a restraining order from the district court in the manner provided in this section.

(b) The parent, guardian or conservator, or stepparent of a minor who is a victim of harassment may seek a restraining order from the district court on behalf of the minor.

(c) A minor may seek a restraining order if the minor demonstrates that the minor is emancipated and the court finds that the order is in the best interests of the emancipated minor. A minor demonstrates the minor is emancipated by a showing that the minor is living separate and apart from parents and managing the minor’s own financial affairs, and shows, through an instrument in writing or other agreement, or by the conduct of the parties that all parents who have a legal parent and child relationship with the minor have relinquished control and authority over the minor.

(d) An application for relief under this section may be filed in the county of residence of either party or in the county in which the alleged harassment occurred. There are no residency requirements that apply to a petition for a harassment restraining order.

Subd. 3.Contents of petition; hearing; notice. (a) A petition for relief must allege facts sufficient to show the following:

(1) the name of the alleged harassment victim;

(2) the name of the respondent; and

(3) that the respondent has engaged in harassment.

A petition for relief must state whether the petitioner has had a previous restraining order in effect against the respondent. The petition shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section and shall advise the petitioner of the right to sue in forma pauperis under section 563.01. The court shall advise the petitioner of the right to request a hearing. If the petitioner does not request a hearing, the court shall advise the petitioner that the respondent may request a hearing and that notice of the hearing date and time will be provided to the petitioner by mail at least five days before the hearing. Upon receipt of the petition and a request for a hearing by the petitioner, the court shall order a hearing. Personal service must be made upon the respondent not less than five days before the hearing. If personal service cannot be completed in time to give the respondent the minimum notice required under this paragraph, the court may set a new hearing date. Nothing in this section shall be construed as requiring a hearing on a matter that has no merit.

(b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued under subdivision 4 may be served on the respondent by means of a one-week published notice under section 645.11, if:

(1) the petitioner files an affidavit with the court stating that an attempt at personal service made by a peace officer was unsuccessful because the respondent is avoiding service by concealment or otherwise; and

(2) a copy of the petition and order for hearing and any temporary restraining order has been mailed to the respondent at the respondent’s residence or place of business, if the respondent is an organization, or the respondent’s residence or place of business is not known to the petitioner.

(c) Regardless of the method of service, if the respondent is a juvenile, whenever possible, the court also shall have notice of the pendency of the case and of the time and place of the hearing served by mail at the last known address upon any parent or guardian of the juvenile respondent who is not the petitioner.

(d) A request for a hearing under this subdivision must be made within 20 days of service of the petition.

Subd. 3a.Filing fee. The filing fees for a restraining order under this section are waived for the petitioner and the respondent if the petition alleges acts that would constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to 609.3451.

Subd. 4.Temporary restraining order; relief by court. (a) The court may issue a temporary restraining order that provides any or all of the following:

(1) orders the respondent to cease or avoid the harassment of another person; or

(2) orders the respondent to have no contact with another person.

(b) The court may issue an order under paragraph (a) if the petitioner files a petition in compliance with subdivision 3 and if the court finds reasonable grounds to believe that the respondent has engaged in harassment. When a petition alleges harassment as defined by subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and present danger of harassment before the court may issue a temporary restraining order under this section. When signed by a referee, the temporary order becomes effective upon the referee’s signature.

(c) Notice need not be given to the respondent before the court issues a temporary restraining order under this subdivision. A copy of the restraining order must be served on the respondent along with the order for hearing and petition, as provided in subdivision 3. If the respondent is a juvenile, whenever possible, a copy of the restraining order, along with notice of the pendency of the case and the time and place of the hearing, shall also be served by mail at the last known address upon any parent or guardian of the juvenile respondent who is not the petitioner. A temporary restraining order may be entered only against the respondent named in the petition.

(d) The temporary restraining order is in effect until a hearing is held on the issuance of a restraining order under subdivision 5. The court shall hold the hearing on the issuance of a restraining order if the petitioner requests a hearing. The hearing may be continued by the court upon a showing that the respondent has not been served with a copy of the temporary restraining order despite the exercise of due diligence or if service is made by published notice under subdivision 3 and the petitioner files the affidavit required under that subdivision.

(e) If the temporary restraining order has been issued and the respondent requests a hearing, the hearing shall be scheduled by the court upon receipt of the respondent’s request. Service of the notice of hearing must be made upon the petitioner not less than five days prior to the hearing. The court shall serve the notice of the hearing upon the petitioner by mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a complaint and motions and shall also mail notice of the date and time of the hearing to the respondent. In the event that service cannot be completed in time to give the respondent or petitioner the minimum notice required under this subdivision, the court may set a new hearing date.

(f) A request for a hearing under this subdivision must be made within 20 days of the date of completed service of the petition.

Subd. 5.Restraining order. (a) The court may issue a restraining order that provides any or all of the following:

(1) orders the respondent to cease or avoid the harassment of another person; or

(2) orders the respondent to have no contact with another person.

(b) The court may issue an order under paragraph (a) if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) a peace officer has served respondent with a copy of the temporary restraining order obtained under subdivision 4, and with notice of the right to request a hearing, or service has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that the respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition; except that if the respondent is an organization, the order may be issued against and apply to all of the members of the organization. If the court finds that the petitioner has had two or more previous restraining orders in effect against the same respondent or the respondent has violated a prior or existing restraining order on two or more occasions, relief granted by the restraining order may be for a period of up to 50 years. In all other cases, relief granted by the restraining order must be for a fixed period of not more than two years. When a referee presides at the hearing on the petition, the restraining order becomes effective upon the referee’s signature.

(c) An order issued under this subdivision must be personally served upon the respondent, or if the respondent appears remotely for a hearing and is notified at the hearing by the judicial officer that a restraining order will be issued, the order may be served on the respondent electronically or by first class mail, as ordered by the court.

(d) If the court orders relief for a period of up to 50 years under paragraph (a), the respondent named in the restraining order may request to have the restraining order vacated or modified if the order has been in effect for at least five years and the respondent has not violated the order. Application for relief under this paragraph must be made in the county in which the restraining order was issued. Upon receipt of the request, the court shall set a hearing date. Personal service must be made upon the petitioner named in the restraining order not less than 30 days before the date of the hearing. At the hearing, the respondent named in the restraining order has the burden of proving by a preponderance of the evidence that there has been a material change in circumstances and that the reasons upon which the court relied in granting the restraining order no longer apply and are unlikely to occur. If the court finds that the respondent named in the restraining order has met the burden of proof, the court may vacate or modify the order. If the court finds that the respondent named in the restraining order has not met the burden of proof, the court shall deny the request and no request may be made to vacate or modify the restraining order until five years have elapsed from the date of denial. An order vacated or modified under this paragraph must be personally served on the petitioner named in the restraining order.

Subd. 5a.Short-form notification. (a) In lieu of personal service of a harassment restraining order, a peace officer may serve a person with a short-form notification. The short-form notification must include the following clauses: the respondent’s name; the respondent’s date of birth, if known; the petitioner’s name; the names of other protected parties; the date and county in which the temporary restraining order or restraining order was filed; the court file number; the hearing date and time, if known; the conditions that apply to the respondent, either in checklist form or handwritten; and the name of the judge who signed the order.

The short-form notification must be in bold print in the following form:

“The restraining order is now enforceable. You must report to your nearest sheriff’s office or county court to obtain a copy of the restraining order. You are subject to arrest and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the restraining order or this short-form notification.”

(b) Upon verification of the identity of the respondent and the existence of an unserved harassment restraining order against the respondent, a law enforcement officer may detain the respondent for a reasonable time necessary to complete and serve the short-form notification.

(c) When service is made by short-form notification, it may be proved by the affidavit of the law enforcement officer making the service.

(d) For service under this section only, service upon an individual may occur at any time, including Sundays and legal holidays.

(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short form to law enforcement agencies.

Subd. 5b.Personal service; procedures; cost; reasonable efforts and cooperation required. (a) Where personal service is required under this section, service must comply with rule 4.03 of the Rules of Civil Procedure.

(b) In addition to peace officers, corrections officers, including but not limited to probation officers, court services officers, parole officers, and employees of jails or correctional facilities, may serve a temporary restraining order or restraining order and must, to the extent possible, provide any sheriff, law enforcement officer, or other peace officer attempting to effectuate service with relevant information regarding where a respondent may be found, such as the respondent’s residence, the respondent’s place of employment or schooling, or other locations frequented by the respondent.

(c) The court administrator and any peace officer in this state shall perform their duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when a peace officer is unavailable or if service is made by publication.

(d) A sheriff, law enforcement officer, or any other peace officer must make reasonable efforts to locate a respondent to effectuate service. Reasonable efforts may include:

(1) a search of any information that is publicly available;

(2) a search of any government data in a database to which the sheriff, law enforcement officer, or other peace officer has access, provided the data is classified as public data on individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal justice agencies, as defined in section 13.02, subdivision 3a; and

(3) communication with any court administrator, the sheriff of any county in this state, and any other law enforcement officer, peace officer, or corrections officer.

(e) A sheriff, law enforcement officer, or any other peace officer who serves a respondent who the sheriff or officer knows is on supervised probation or supervised release with a temporary restraining order, restraining order, or short-form notification must provide a copy of the served order or notification to the respondent’s probation officer, supervised release or conditional release agent, or parole officer.

Subd. 5c.Dismissals. Orders for dismissal of a temporary restraining order or a restraining order may be served personally or by certified mail.

Subd. 6.Violation of restraining order. (a) A person who violates a restraining order issued under this section is subject to the penalties provided in paragraphs (b) to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary restraining order or a restraining order is granted under this section and the respondent knows of the order, violation of the order is a misdemeanor.

(c) A person is guilty of a gross misdemeanor who violates the order within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates the order:

(1) within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency;

(2) because of the victim’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin;

(3) by falsely impersonating another;

(4) while possessing a dangerous weapon;

(5) with an intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person’s performance of official duties in connection with a judicial proceeding; or

(6) against a victim under the age of 18, if the respondent is more than 36 months older than the victim.

(e) A person who commits violations in two or more counties may be prosecuted in any county in which one of the acts was committed for all acts in violation of this section.

(f) A person may be prosecuted at the place where any call is made or received or, in the case of wireless or electronic communication or any communication made through any available technologies, where the actor or victim resides, or in the jurisdiction of the victim’s designated address if the victim participates in the address confidentiality program established under chapter 5B.

(g) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under subdivision 4 or 5 if the existence of the order can be verified by the officer.

(h) A violation of a temporary restraining order or restraining order shall also constitute contempt of court.

(i) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party designated by the court, alleging that the respondent has violated an order issued under subdivision 4 or 5, the court may issue an order to the respondent requiring the respondent to appear within 14 days and show cause why the respondent should not be held in contempt of court. The court also shall refer the violation of the order to the appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).

Subd. 7.Copy to law enforcement agency. An order granted under this section shall be forwarded by the court administrator within 24 hours to the local law enforcement agency with jurisdiction over the residence of the applicant. Each appropriate law enforcement agency shall make available to other law enforcement officers through a system for verification, information as to the existence and status of any order issued under this section.

Subd. 8.Notice. (a) An order granted under this section must contain a conspicuous notice to the respondent:

(1) of the specific conduct that will constitute a violation of the order;

(2) that violation of an order is either (i) a misdemeanor punishable by imprisonment for up to 90 days or a fine of up to $1,000, or both, (ii) a gross misdemeanor punishable by imprisonment for up to 364 days or a fine of up to $3,000, or both, or (iii) a felony punishable by imprisonment for up to five years or a fine of up to $10,000, or both; and

(3) that a peace officer must arrest without warrant and take into custody a person if the peace officer has probable cause to believe the person has violated a restraining order.

(b) If the court grants relief for a period of up to 50 years under subdivision 5, the order must also contain a conspicuous notice to the respondent that the respondent must wait five years to seek a modification of the order.

Subd. 9.Effect on local ordinances. Nothing in this section shall supersede or preclude the continuation or adoption of any local ordinance which applies to a broader scope of targeted residential picketing conduct than that described in subdivision 1.

Subd. 10.Prohibition against employer retaliation. (a) An employer shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment, because the employee took reasonable time off from work to obtain or attempt to obtain relief under this section. Except in cases of imminent danger to the health or safety of the employee or the employee’s child, or unless impracticable, an employee who is absent from the workplace shall give 48 hours’ advance notice to the employer. Upon request of the employer, the employee shall provide verification that supports the employee’s reason for being absent from the workplace. All information related to the employee’s leave pursuant to this section shall be kept confidential by the employer.

(b) An employer who violates paragraph (a) is guilty of a misdemeanor and may be punished for contempt of court. In addition, the court shall order the employer to pay back wages and offer job reinstatement to any employee discharged from employment in violation of paragraph (a).

(c) In addition to any remedies otherwise provided by law, an employee injured by a violation of paragraph (a) may bring a civil action for recovery of damages, together with costs and disbursements, including reasonable attorneys fees, and may receive such injunctive and other equitable relief, including reinstatement, as determined by the court.

Key Legal Standards: Defining Harassment and Proving HRO Violations in Minnesota

Minnesota Statute § 609.748 serves a dual purpose: it defines “harassment” for the purpose of obtaining a civil Harassment Restraining Order (HRO), and it establishes criminal penalties for violating such an order. In HRO petition hearings in Hennepin County, Ramsey County, or other Minnesota courts, the petitioner (the person seeking the HRO) bears the burden of proving by “reasonable grounds” that harassment has occurred. If an HRO is issued and subsequently violated, and the state brings criminal charges, the prosecution must then prove the elements of the violation beyond a reasonable doubt. Understanding these distinct but related legal standards is crucial.

Elements of “Harassment” for Obtaining an HRO (Minnesota Statute § 609.748, Subd. 1(a))

To obtain an HRO, a petitioner must demonstrate that the respondent has engaged in “harassment.” The statute defines harassment to include several types of conduct:

  • Single Incident of Physical or Sexual Assault, Specific Harassment, or Nonconsensual Dissemination of Private Sexual Images: This clause allows for an HRO based on even one occurrence of certain serious acts.
    • Physical or Sexual Assault: Any act meeting the criminal definitions of physical assault (e.g., causing fear of immediate bodily harm, or intentionally inflicting bodily harm) or sexual assault can qualify. The severity of the assault will be considered by the court.
    • Single Incident of Harassment under § 609.749, subd. 2(c)(8): This cross-references the criminal harassment statute, specifically referring to when a person harasses another by “knowingly making a false allegation of a heinous crime against a peace officer that results in an internal affairs investigation.” This specific type of false allegation against an officer can, as a single incident, form the basis for an HRO.
    • Single Incident of Nonconsensual Dissemination of Private Sexual Images under § 617.261: The unauthorized sharing of private, sexually explicit images of another person (often called “revenge porn”) can, as a single incident, be grounds for an HRO. This acknowledges the severe privacy violation and emotional distress such acts cause.
  • Repeated Incidents of Intrusive or Unwanted Acts, Words, or Gestures: This is a more common basis for HRO petitions and requires more than a single, isolated minor annoyance.
    • Repeated Incidents: The conduct must occur more than once. While “repeated” isn’t given a precise number, it implies a pattern or course of conduct rather than a one-off event (unless that one event is one of the serious single incidents listed above).
    • Intrusive or Unwanted Acts, Words, or Gestures: The behavior itself must be invasive (intruding on personal space, time, or affairs) or clearly unwelcome to the target. This can include persistent unwanted phone calls, texts, emails, following, showing up at a person’s home or work in Minneapolis, or making unwelcome statements or gestures.
    • Substantial Adverse Effect or Intended to Have a Substantial Adverse Effect on Safety, Security, or Privacy: This is a critical component. The repeated, unwanted conduct must either actually cause a significant negative impact on the victim’s sense of safety (feeling physically endangered), security (feeling stable and free from threat), or privacy (the right to be left alone), OR the perpetrator must have intended for their actions to have such a substantial adverse effect. A minor, fleeting annoyance is unlikely to meet this threshold; the impact must be considerable.
  • Targeted Residential Picketing: This specific form of conduct is defined in Subdivision 1(c) and includes, when committed on more than one occasion:
    • 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.
    • Marching, standing, or patrolling that prevents an occupant from accessing or exiting their residential property.This aims to protect individuals from being besieged in their St. Paul homes.
  • Pattern of Attending Public Events After Being Notified: This involves:
    • A pattern of the actor attending public events.
    • The actor having been previously notified that their presence at such events is harassing to another specific person.Despite this notification, the actor continues to attend events where the other person is present, with the implication that this continued presence is intended to harass or has that effect.

Elements of Violating a Harassment Restraining Order (Minnesota Statute § 609.748, Subd. 6)

If a Temporary Restraining Order (TRO) or a final HRO has been issued by a court, and the respondent (the person restrained by the order) fails to comply with its terms, they can face criminal charges. To secure a conviction for violating an HRO, the prosecution must prove the following elements beyond a reasonable doubt:

  • Existence of a Valid Harassment Restraining Order: The state must prove that a legitimate temporary or final HRO was issued by a court pursuant to Minnesota Statute § 609.748. This involves showing the order was properly granted and in effect at the time of the alleged violation. The order itself, bearing a judge’s or referee’s signature, would be key evidence.
  • Respondent’s Knowledge of the Order: The prosecution must establish that the respondent knew about the HRO and its terms. This is typically proven by showing that the respondent was properly served with a copy of the order (e.g., personal service by a peace officer, service by publication in specific circumstances, or short-form notification as detailed in Subd. 5a and 5b). If the respondent was present at the hearing when the order was issued, that also constitutes knowledge.
  • Violation of a Specific Term of the Order: The state must demonstrate that the respondent engaged in conduct that was explicitly prohibited by the HRO. Common HRO terms include orders to cease or avoid harassment of the petitioner, or orders for the respondent to have no contact (direct or indirect) with the petitioner. The specific act constituting the violation (e.g., making a phone call, sending a text, approaching the petitioner, or committing a new act of harassment) must be proven.

Consequences of Violating a Harassment Restraining Order in the Twin Cities

Violating a Harassment Restraining Order (HRO) issued under Minnesota Statute § 609.748 is a criminal offense with escalating penalties. These consequences are outlined in Subdivision 6 of the statute and apply to individuals in Minneapolis, St. Paul, and throughout Minnesota who knowingly disregard the court’s directive. The penalties range from a misdemeanor for a first-time violation to a felony for repeat offenses or violations under aggravating circumstances.

Misdemeanor Violation

  • Base Penalty: Except as otherwise provided for more serious violations, when a temporary restraining order or a final restraining order is granted and the respondent knows of the order, a violation of the order is a misdemeanor.
  • Potential Sentence: Up to 90 days in jail, a fine of up to $1,000, or both.This is the typical charge for a first-time, straightforward violation where no aggravating factors are present.

Gross Misdemeanor Violation

  • Circumstance: A person is guilty of a gross misdemeanor if they violate the HRO within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
  • Potential Sentence: Up to 364 days in jail, a fine of up to $3,000, or both.”Qualified domestic violence-related offense” includes violations of orders for protection, domestic assault, and other specified crimes. This provision significantly increases the penalty if the respondent has a relevant prior history.

Felony Violations

A violation of an HRO can escalate to a felony, carrying a potential sentence of imprisonment for not more than five years or payment of a fine of not more than $10,000, or both, if the person violates the order under any of the following circumstances:

  • Within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency. This targets repeat offenders with a history of domestic violence-related conduct.
  • Because of the victim’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin. This addresses violations motivated by bias or hate.
  • By falsely impersonating another. Using deceit, such as pretending to be someone else to circumvent the order, elevates the offense.
  • While possessing a dangerous weapon. The presence of a dangerous weapon during the violation significantly increases the risk and therefore the penalty.
  • With an intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, prosecutor, defense attorney, or officer of the court, because of that person’s performance of official duties in connection with a judicial proceeding. This protects the integrity of the justice system and its participants.
  • Against a victim under the age of 18, if the respondent is more than 36 months older than the victim. This provides enhanced protection for minor victims when there is a significant age difference with the respondent.

Contempt of Court

In addition to criminal charges, Subdivision 6(h) states that a violation of a temporary restraining order or restraining order also constitutes contempt of court. This means the court that issued the HRO can impose separate sanctions for contempt, which may include fines or jail time, independent of any criminal prosecution. The court can initiate contempt proceedings upon an affidavit alleging a violation (Subd. 6(i)).

Illustrative Scenarios: Harassment and HRO Situations in the Minneapolis-St. Paul Area

The legal framework of Minnesota Statute § 609.748, which covers Harassment Restraining Orders (HROs), can be complex. Examining practical examples helps clarify how the definition of “harassment” is applied to obtain an order and what constitutes a violation of such an order in communities like Minneapolis, St. Paul, and their surrounding suburbs. These scenarios illustrate the types of conduct that can lead to court intervention and potential criminal charges.

The issuance of an HRO depends on a judge finding “reasonable grounds to believe that the respondent has engaged in harassment.” This involves assessing the alleged acts against the statutory definitions, considering the impact on the petitioner’s safety, security, or privacy. Once an order is in place, any knowing deviation from its terms by the respondent can result in arrest and prosecution. Courts in Hennepin and Ramsey counties regularly handle these sensitive and often emotionally charged cases.

Example: Persistent Unwanted Online Communication Leading to an HRO

A resident of Minneapolis begins receiving numerous unwanted emails, social media messages, and text messages from a former acquaintance. The messages are intrusive, sometimes containing veiled threats or intensely personal comments, and continue despite requests to stop. The recipient feels their privacy is invaded and their security is threatened. These “repeated incidents of intrusive or unwanted acts, words, or gestures” that have a “substantial adverse effect…on the safety, security, or privacy” of the recipient could form the basis for petitioning for an HRO under § 609.748, subd. 1(a)(1). The court would evaluate the frequency, nature, and impact of the communications.

Example: Targeted Residential Picketing at a St. Paul Home

A small group repeatedly marches and stands directly in front of a specific residential building in St. Paul, shouting slogans directed at the occupants concerning a neighborhood dispute. This occurs on multiple occasions, causing the occupants to feel unsafe in their own home and making it difficult for them to enter or leave their property without encountering the picketers. This conduct, if “directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant” or prevents access (Subd. 1(c)), could be deemed “targeted residential picketing” and thus “harassment” sufficient for an HRO.

Example: Single Incident of Assault Leading to an HRO Petition

During a heated argument in a public place in a Twin Cities suburb, one individual physically shoves another, causing them to fall and fear further harm. While this might also lead to criminal assault charges, the victim can separately petition for an HRO under § 609.748, subd. 1(a)(1), which allows for an order based on “a single incident of physical or sexual assault.” The court would need to find reasonable grounds that such an assault occurred to issue the HRO, which could then prohibit any further contact or harassment by the assailant.

Example: Violation of an Existing HRO by Contacting the Petitioner

A person in Anoka County has an HRO issued against them, prohibiting any contact, direct or indirect, with the petitioner. Despite knowing the order is in effect, the respondent sends multiple text messages to the petitioner and then shows up at the petitioner’s workplace. These actions directly violate the “no contact” provision of the HRO. Upon verification of the order and probable cause for the violation, a peace officer must arrest the respondent (Subd. 6(g)). The respondent would then face criminal charges for Violating a Harassment Restraining Order, potentially a misdemeanor, gross misdemeanor, or felony depending on their prior record and the circumstances of the violation as per Subd. 6.

Building a Defense: Contesting Harassment Allegations and HRO Violations in Minneapolis

Navigating allegations related to Harassment Restraining Orders (HROs) under Minnesota Statute § 609.748 requires a robust and informed defense strategy, whether one is responding to a petition for an HRO or facing criminal charges for allegedly violating an existing order. For individuals in Minneapolis, St. Paul, and surrounding counties like Dakota or Washington, understanding the grounds for challenging these actions is critical. The petitioner seeking an HRO must establish “reasonable grounds” that harassment occurred, while the state, in a criminal violation case, must prove guilt beyond a reasonable doubt. A confident defense approach involves meticulously examining the facts, the definitions of harassment, and the procedural requirements.

The issuance of an HRO can significantly curtail an individual’s liberties, and a criminal conviction for violating an HRO carries serious penalties. Therefore, exploring all potential defenses is paramount. This may involve demonstrating that the alleged conduct does not legally constitute “harassment,” that a constitutional right protects the conduct, or, in violation cases, that the accused did not knowingly breach the order’s terms. Experienced legal counsel can be invaluable in dissecting the allegations and formulating the most effective defense for the specific circumstances.

Defenses in a Harassment Restraining Order Petition Hearing

When responding to a petition for an HRO, the goal is to show the court that the petitioner has not met their burden of proving harassment by reasonable grounds.

  • Conduct Does Not Meet the Statutory Definition of Harassment: This is a primary defense. The respondent can argue that their actions, even if unwelcome to the petitioner, do not fit the specific legal definitions of harassment under § 609.748, subd. 1(a).
    • Not a Qualifying Single Incident: If the petition is based on a single incident, the respondent can argue it was not physical or sexual assault, the specific type of harassment against a peace officer under § 609.749, or nonconsensual dissemination of private sexual images as legally defined. For example, a heated argument without physical contact may not qualify as assault.
    • Acts Not “Repeated” or Lacking “Substantial Adverse Effect”: If based on repeated acts, the respondent can argue the conduct was not sufficiently “repeated” to form a pattern, or more commonly, that the acts, words, or gestures did not have (and were not intended to have) a “substantial adverse effect” on the petitioner’s safety, security, or privacy. Minor annoyances or isolated unwelcome communications may not meet this high threshold. Evidence of the actual impact, or lack thereof, on the petitioner can be crucial.
    • Actions Not “Targeted Residential Picketing”: If accused of this, the respondent can argue their conduct did not meet the specific criteria, such as not being solely directed at one residence or not adversely affecting safety or access as defined.
    • Legitimate Purpose for Attending Public Events: If accused of a harassing pattern of attending public events, the respondent can show they had independent, legitimate reasons for being at those events, and their presence was not intended to harass the petitioner.
  • Lack of Requisite Intent (Where Applicable for Harassment Definition): For “repeated incidents of intrusive or unwanted acts, words, or gestures,” the statute requires either a substantial adverse effect OR that the acts were “intended to have a substantial adverse effect.” The respondent can argue their actions were not intended to cause such an effect, perhaps being a misunderstanding or a poorly communicated attempt at reconciliation that was not meant to be harassing. Proving subjective intent can be difficult for the petitioner.
  • First Amendment Protected Speech or Conduct: If the alleged harassment involves speech or expressive conduct (like picketing that isn’t “targeted residential picketing”), the respondent may argue that their actions are protected by the First Amendment. The First Amendment does not protect true threats or incitement to imminent lawless action, but it does protect a wide range of speech, even if it is offensive or upsetting to others. This defense requires careful legal analysis to distinguish protected expression from unlawful harassment.
  • Procedural Deficiencies in the HRO Process: The respondent can raise procedural defenses, such as improper service of the petition and notice of hearing, lack of jurisdiction, or failure of the petition to allege specific facts sufficient to show harassment. While courts may allow petitioners to correct some procedural errors, significant defects can be grounds for dismissal.

Defenses to a Criminal Charge of Violating a Harassment Restraining Order

If an individual is criminally charged with violating an HRO under § 609.748, subd. 6, several defenses may be available:

  • Lack of Knowledge of the Order: A critical element for a criminal violation is that the respondent “knows of the order.” If the respondent was never properly served with the HRO (e.g., personal service, short-form notification, or publication as required) and was not otherwise aware of its existence or specific terms, they cannot be convicted of knowingly violating it. Challenges to the adequacy of service are common.
  • Conduct Did Not Actually Violate the Order’s Terms: The prosecution must prove that the respondent’s specific actions breached a prohibition contained within the HRO. The defense can argue that the conduct, while perhaps ill-advised or even unwanted by the petitioner, did not technically violate the precise language of the order. For example, if the order prohibits direct contact but allows contact through attorneys for a specific purpose, communication through legal counsel would not be a violation.
  • False Accusation or Misidentification: The respondent can argue that the allegation of a violation is false, fabricated by the petitioner, or that they were misidentified as the person who committed the violating act. This often requires presenting evidence to contradict the petitioner’s claims or to establish an alibi.
  • Accidental or Unintentional Contact: While “knowing” violation is the standard, if contact was genuinely accidental and unintentional (e.g., unexpectedly encountering the petitioner in a large public place with no intent to interact), it might be argued that this does not constitute a culpable violation, depending on the precise terms of the order and the nature of the encounter. However, many HROs require the respondent to immediately leave if accidental contact occurs.

Answering Your Questions About Minnesota Harassment Restraining Orders

Navigating the complexities of Harassment Restraining Orders (HROs) under Minnesota Statute § 609.748 can raise many questions for residents of Minneapolis, St. Paul, and the surrounding Twin Cities communities. Whether you are considering seeking an HRO or have been served with one, understanding the law is crucial.

What exactly is “harassment” for the purpose of getting an HRO in Minnesota?

Harassment under § 609.748 includes: (1) a single incident of physical or sexual assault, a specific type of false allegation against a peace officer, or nonconsensual dissemination of private sexual images; OR (2) repeated intrusive or unwanted acts, words, or gestures that have or are intended to have a substantial adverse effect on another’s safety, security, or privacy; OR (3) targeted residential picketing; OR (4) a pattern of attending public events after being notified one’s presence is harassing.

Who can petition for a Harassment Restraining Order?

A victim of harassment, or their guardian or conservator, can seek an HRO. A parent, guardian, conservator, or stepparent can seek one on behalf of a minor victim. An emancipated minor can also seek an HRO in their own right if the court finds it in their best interest.

How long does a Harassment Restraining Order typically last?

In most cases, an HRO is issued for a fixed period of not more than two years. However, if the court finds the petitioner has had two or more previous HROs against the same respondent, or if the respondent has violated a prior or existing HRO on two or more occasions, the HRO can be issued for a period of up to 50 years.

What is the difference between an HRO and an Order for Protection (OFP)?

HROs are for victims of harassment where there isn’t necessarily a domestic relationship (though it can apply regardless of relationship). Orders for Protection (OFPs) are specifically for victims of domestic abuse by a family or household member (as defined in Minnesota’s Domestic Abuse Act, Chapter 518B). The legal standards and types of abuse covered differ.

What happens if I am served with a petition for an HRO in Hennepin County?

You will receive a copy of the petition, an order for a hearing (if requested by the petitioner or if a temporary HRO is issued), and potentially a Temporary Restraining Order (TRO). You have the right to request a hearing (usually within 20 days of service) to contest the allegations and present your side of the story. It is highly advisable to consult an attorney immediately.

Can a Harassment Restraining Order be changed or dismissed after it’s issued?

Yes. For HROs issued for up to 50 years, the respondent can request modification or vacating the order after it has been in effect for at least five years, provided they haven’t violated it and can prove a material change in circumstances. For shorter orders, either party might be able to petition the court for modification or dismissal based on changed circumstances, though this is less explicitly detailed in this statute compared to the 50-year orders.

What are “qualified domestic violence-related offenses” mentioned for HRO violation penalties?

These are specific prior convictions or delinquency adjudications that can enhance the penalties for violating an HRO. They typically include violations of Orders for Protection, domestic assault, terroristic threats, and other crimes committed against family or household members. An attorney can clarify which offenses qualify.

What does “no contact” mean in a Harassment Restraining Order?

“No contact” generally means no communication or interaction of any kind, whether direct (in person, by phone, text, email) or indirect (through third parties, social media). It also usually means maintaining a certain physical distance from the petitioner and their home, work, or school in places like St. Paul. The specific terms will be detailed in the order.

Can being subject to an HRO affect my job or housing in the Twin Cities?

Yes, potentially. While an HRO itself is a civil order, its existence might be discovered by employers or landlords, especially if it restricts your access to certain locations. Violating an HRO results in a criminal record, which can definitely impact employment and housing.

Does a Harassment Restraining Order affect my right to own firearms?

Yes. Under both federal and Minnesota law, individuals subject to certain qualifying restraining orders, including HROs that meet specific criteria (e.g., issued after a hearing where the respondent had an opportunity to participate, and which restrains harassing, stalking, or threatening behavior), are generally prohibited from possessing firearms. A conviction for violating an HRO can also lead to loss of gun rights.

What exactly is “targeted residential picketing”?

As defined in Subd. 1(c), it involves, on more than one occasion, marching, standing, or patrolling directed solely at a particular residential building in a way that adversely affects an occupant’s safety, security, or privacy, or prevents them from entering or exiting their property.

Can online actions or cyberstalking be considered harassment for an HRO?

Yes, “repeated incidents of intrusive or unwanted acts, words, or gestures” can include online communications like emails, social media messages, or other forms of cyberstalking if they have or are intended to have a substantial adverse effect on the victim’s safety, security, or privacy.

Are filing fees always waived for HRO petitions in Minnesota?

Subdivision 3a states that filing fees are waived for both petitioner and respondent if the petition alleges acts that would constitute certain serious offenses, including criminal harassment under § 609.749, subd. 2, 3, 4, or 5 (stalking, aggravated stalking, etc.), or criminal sexual conduct under §§ 609.342 to 609.3451. For other HRO petitions, fees may apply unless waived due to inability to pay (in forma pauperis).

What happens if the respondent named in an HRO petition is a juvenile?

The statute includes provisions for serving notice on the parents or guardians of a juvenile respondent whenever possible (Subd. 3(c), Subd. 4(c)). Juvenile court procedures may also apply.

Are employees protected if they need time off work to get an HRO in the Twin Cities?

Yes. Subdivision 10 prohibits employers from retaliating against an employee for taking reasonable time off work to obtain or attempt to obtain relief under this section (i.e., an HRO). There are notice requirements, and employers must keep information about such leave confidential. Violations by employers can result in misdemeanor charges, contempt of court, and civil liability.

Beyond the Court Order: Long-Term Effects of HROs and Violations in the Twin Cities

The issuance of a Harassment Restraining Order (HRO) under Minnesota Statute § 609.748, or a criminal conviction for violating such an order, can have profound and lasting consequences that extend far beyond the immediate legal proceedings. For individuals in Minneapolis, St. Paul, and the wider Twin Cities metropolitan area, these impacts can affect personal freedom, reputation, employment, housing, and fundamental civil rights.

Impact of an HRO on the Respondent’s Life and Liberties

Even without a criminal violation, simply being the subject of an HRO can significantly restrict an individual’s life. The order will typically prohibit any contact with the petitioner and may require the respondent to stay away from the petitioner’s home, workplace, or school. This can disrupt daily routines, child custody arrangements (if applicable, though HROs don’t directly address custody), and social interactions. The respondent’s name will be in a public court record and law enforcement databases, which can be accessed through background checks, potentially affecting housing applications or employment, especially for roles requiring high levels of trust or interaction with the public in Hennepin or Ramsey County.

Creation of a Criminal Record from an HRO Violation

If a respondent violates the terms of an HRO and is criminally convicted, this creates a permanent criminal record. Depending on the circumstances outlined in Subdivision 6, this could be a misdemeanor, gross misdemeanor, or a felony. A criminal record, particularly for an offense related to harassment or violating a court order, can be a significant barrier to future employment. Many employers in the competitive Twin Cities market conduct background checks and may be unwilling to hire individuals with such convictions, viewing them as a potential risk or liability.

Challenges to Employment and Professional Licensing

A criminal conviction for violating an HRO can severely impede employment prospects and jeopardize professional licenses. Occupations in fields like education, healthcare, law enforcement, security, or any role requiring state licensing or bonding often have strict character and fitness standards. A conviction demonstrating disregard for court orders or harassing behavior can lead to denial or revocation of such licenses. Even for jobs not requiring specific licenses, the stigma of the conviction can make it difficult to gain or maintain employment.

Loss or Restriction of Firearm Rights

Being subject to a qualifying HRO typically results in the loss of the right to possess firearms under both federal and Minnesota law. Furthermore, a criminal conviction for violating an HRO, especially if it’s a felony or involves domestic violence-related elements, will also lead to a prohibition on firearm ownership. For individuals in the Twin Cities area who own firearms for sport, hunting, or personal protection, this loss of a constitutional right is a significant and often long-lasting consequence. Restoring these rights can be a difficult, if not impossible, legal process.

Why Legal Representation is Crucial in Harassment Restraining Order Matters in Minneapolis & St. Paul

When dealing with matters involving Harassment Restraining Orders (HROs) under Minnesota Statute § 609.748—whether as a petitioner seeking protection or as a respondent defending against an order or a violation charge—the guidance and advocacy of experienced legal counsel are indispensable. The complexities of the statute, the evidentiary burdens, the procedural intricacies of court hearings in Minneapolis, St. Paul, Hennepin, or Ramsey County, and the potentially severe and lasting consequences make self-representation a perilous undertaking.

Navigating Complex Definitions of Harassment and Procedural Rules

Minnesota’s legal definition of “harassment” for HRO purposes is multifaceted, encompassing single serious incidents as well as patterns of behavior with specific impact requirements. An attorney can meticulously analyze the facts of a case to determine if the alleged conduct truly meets these statutory thresholds. For petitioners, counsel can help articulate the harassment effectively in the petition and present compelling evidence at the hearing. For respondents, counsel can identify weaknesses in the petitioner’s claims and assert defenses, such as arguing the conduct does not constitute legal harassment or is constitutionally protected. Furthermore, the procedural rules for filing, service, hearings, and evidence in HRO cases can be confusing; an attorney ensures these rules are properly followed and leveraged to the client’s advantage in Dakota or Anoka County courts.

Gathering Evidence and Presenting a Persuasive Case in HRO Hearings

Whether seeking to obtain an HRO or to prevent one from being issued, the presentation of evidence is critical. An attorney understands what types of evidence are admissible and persuasive to the court—such as documented communications (texts, emails, social media posts), witness testimony, photographs, videos, and police reports. They can assist petitioners in organizing and presenting their evidence of harassment in a clear and compelling manner. Conversely, for respondents in Washington County or other Twin Cities locales, counsel can challenge the petitioner’s evidence, cross-examine the petitioner and their witnesses, and introduce evidence that refutes the harassment allegations or establishes a defense. This skilled advocacy is vital in a hearing that determines whether significant restrictions will be placed on an individual.

Defending Against Criminal Charges for Alleged HRO Violations

If an individual is accused of violating an existing HRO, they face criminal charges with potentially severe penalties, including jail time, fines, and a lasting criminal record. Defending against these criminal allegations requires a different set of legal skills than those used in the civil HRO hearing. A criminal defense attorney will scrutinize the prosecution’s case for proof beyond a reasonable doubt on all elements, including whether the respondent had knowledge of the order and whether their actions actually constituted a violation of its specific terms. They will explore all possible defenses, negotiate with prosecutors, and, if necessary, provide a vigorous defense at trial to protect the client from a conviction and its far-reaching consequences.

Protecting Rights, Reputation, and Future in the Twin Cities

Ultimately, the involvement of knowledgeable legal counsel in HRO matters serves to protect an individual’s fundamental rights, their reputation within the Twin Cities community, and their future opportunities. For a petitioner, it means effectively seeking the safety and peace of mind an HRO can provide. For a respondent, it means ensuring they are not unfairly burdened by an unwarranted order or wrongfully convicted of a violation. An attorney acts as an advocate, advisor, and strategist, working diligently to achieve the most favorable outcome possible and to mitigate the often-significant personal and legal impact of these sensitive and challenging cases.