Restraining Order
A court order that requires someone to stop harassing another person and to stay away from them.
A restraining order (formally called a Harassment Restraining Order, or HRO, in Minnesota) is a civil court order that tells someone to stop harassing you. It can require the harasser to stop all contact with you and stay away from your home, workplace, or school.
Key facts about harassment restraining orders in Minnesota:
- Who can get one: Anyone who is a victim of harassment, which includes repeated unwanted contact, stalking, or a single incident of physical or sexual assault.
- Different from an OFP: A Harassment Restraining Order is for situations that do not involve domestic abuse by a family or household member. For domestic situations, an Order for Protection (OFP) is the appropriate remedy.
- No filing fee: There is no fee to request a harassment restraining order.
- Temporary orders: A judge can grant a temporary restraining order immediately if there is an urgent need. A hearing is then scheduled so the other person can respond.
- Violation is a crime: Disobeying a restraining order is a misdemeanor, and repeated violations can be charged as a gross misdemeanor.
Example: A person is receiving repeated threatening text messages and unwanted visits from a former friend. They file a petition for a Harassment Restraining Order at the courthouse. The judge grants a temporary order and schedules a hearing where both sides can present their case.
When someone is being harassed or stalked by a person who is not a family or household member.