Harassment Restraining Orders in Minnesota

Overview

A Harassment Restraining Order (HRO) is a court order that tells someone to stop harassing you. Unlike an Order for Protection (OFP), you do not need a family or household relationship with the person. An HRO can protect you from a neighbor, coworker, stranger, ex-friend, or anyone else whose conduct qualifies as harassment under Minnesota law.

HROs are governed by Minn. Stat. § 609.748 . A judge can order the harasser to stop all contact with you, stay away from your home and workplace, and stop the specific behavior that is harming you. Violating an HRO is a crime.

Who this guide is for: Anyone in Minnesota who is being harassed by another person and wants a court order to make it stop – whether or not you have a relationship with the harasser.

HRO vs. OFP: Which Do You Need?

This is the most important question. Minnesota has two main types of protective orders, and they serve different situations. Choosing the right one matters because it affects what relief you can get.

Feature	HRO ( Minn. Stat. § 609.748 )	OFP ( Minn. Stat. § 518B.01 )
Relationship required	None – the harasser can be anyone	Yes – must be a family/household member, spouse, former spouse, or someone you share a child with
Qualifying conduct	Assault, stalking, unwanted intrusive acts, nonconsensual intimate images, targeted picketing	Domestic abuse: physical harm, fear of harm, threats, criminal sexual conduct
Filing fee	May apply (waived for stalking or sexual assault)	Always free
Duration	Up to 2 years (up to 50 years for repeat harassment)	Up to 2 years (up to 50 years for repeat violations)
Relief available	Cease harassment, no contact, stay away	Broader: custody, housing, support, firearms surrender
Temporary order	Same day, if immediate danger shown	Same day, if immediate danger shown
Violation	Criminal – misdemeanor to felony	Criminal – misdemeanor to felony

Use an HRO if:

• The harasser is a neighbor, coworker, stranger, acquaintance, or anyone you do not have a family or household relationship with
• You are being stalked, receiving unwanted repeated contact, or someone is engaging in other qualifying harassment

Use an OFP if:

• The person abusing you is a spouse, former spouse, family member, household member, or someone you share a child with
• You need broader relief like temporary custody, exclusive use of the home, or firearm surrender

What Qualifies as Harassment?

Under Minn. Stat. § 609.748 subdivision 1, harassment includes these six categories of conduct:

1. A Single Incident of Physical or Sexual Assault

One act of physical or sexual assault is enough. You do not need to show a pattern. This includes any unwanted physical contact intended to cause harm or fear.

2. Stalking

A single incident of stalking as defined under Minn. Stat. § 609.749 subdivision 2(c)(8) qualifies. Stalking includes following someone, monitoring their movements, or engaging in conduct that would cause a reasonable person to feel frightened, threatened, or harassed.

3. Nonconsensual Dissemination of Intimate Images

If someone shares or threatens to share your private intimate images without your consent, that is harassment under Minn. Stat. § 617.261 . A single incident qualifies.

4. Repeated Unwanted Acts with Substantial Adverse Effect

A pattern of unwanted acts, words, or gestures that have a substantial adverse effect on your safety, security, or privacy. Examples include:

• Repeated unwanted phone calls, texts, or emails
• Showing up at your home or workplace uninvited, over and over
• Following you or watching your home
• Sending unwanted gifts or messages after being told to stop

The key word is repeated – for this category, you generally need to show more than one incident. The conduct must have a real, substantial negative effect on your life.

5. Targeted Residential Picketing

Picketing that targets a specific residence. This means someone is protesting directly at your home in a way that harasses you personally.

6. Pattern of Attending Public Events After Being Told to Stop

If you have told someone their presence at events you attend is harassing, and they continue to show up at those events in a pattern, this can qualify as harassment.

Step-by-Step: How to Get an HRO

Step 1: File a Petition with the Court

Go to the district court in the county where you live or where the harassment happened. Ask for the Harassment Restraining Order petition forms.

Your petition must include a sworn affidavit (a written statement under oath) that describes the harassment in detail. Under Minn. Stat. § 609.748 subdivision 3, your affidavit should include:

• What happened – describe each incident of harassment as specifically as you can
• When it happened – include dates and times if possible
• Where it happened – locations of incidents
• How it affected you – how the harassment made you feel unsafe, scared, or harmed your daily life
• What you want the court to order – for example, no contact, stay away from your home or workplace

Tips for writing your affidavit:

• Be specific and factual. Write down exactly what happened, not conclusions.
• Include details: “On March 5, 2026, the respondent came to my workplace at 3:00 p.m. and stood outside the entrance for two hours” is stronger than “They keep showing up at my work.”
• Attach evidence if you have it: screenshots of messages, photos, police reports, witness statements.

You can find forms at your county courthouse or on the Minnesota Judicial Branch website.

Step 2: Request a Temporary (Ex Parte) Order

When you file your petition, a judge will review it. Under Minn. Stat. § 609.748 subdivision 4, if the judge finds there is an immediate danger of harassment, they can issue a Temporary Ex Parte Order the same day – without the harasser being present or notified.

A temporary order can require the harasser to:

• Stop all harassment immediately
• Have no contact with you (no calls, texts, emails, social media, or in-person contact)
• Stay away from your home, workplace, or school

The temporary order stays in effect until a full hearing is held, or until the court modifies or dismisses it.

“Ex parte” means the judge makes the decision based only on your petition, without the other person present. This is allowed when waiting for a hearing would put you in danger. The other person will get their chance to respond at the full hearing.

Step 3: Serve the Harasser

The harasser (called the “respondent”) must be personally served with copies of:

• Your petition
• The temporary order (if one was granted)
• Notice of the hearing date

Service must happen at least 5 days before the hearing. Service can be done by:

• A sheriff’s deputy
• A professional process server
• Any adult who is not a party to the case

Do not serve the papers yourself. For your safety, let someone else handle it.

If the respondent cannot be found, the court may allow alternate forms of service, but this can delay the process.

Step 4: The Hearing

After the respondent is served, either side can request a hearing:

• You (the petitioner) can request a hearing when you file your petition
• The respondent has 20 days after service to request a hearing under Minn. Stat. § 609.748 subdivision 5

If neither side requests a hearing within the 20-day window, the temporary order may become the final order.

At the hearing:

• You will tell the judge about the harassment and present your evidence
• The respondent can tell their side and present evidence
• Either side can bring witnesses
• The judge decides whether there are reasonable grounds to believe harassment occurred

What to bring to the hearing:

• Your copy of the petition
• Any evidence: photos, screenshots of messages, call logs, police reports, medical records
• A list of witnesses (if you have any) or written witness statements
• A written timeline of incidents (this helps you stay organized when talking to the judge)

Be prepared for the respondent to deny the harassment or give a different version of events. Stick to the facts. The judge will weigh the evidence and decide.

Step 5: The Full HRO

If the judge finds reasonable grounds that harassment occurred, the court will issue a full Harassment Restraining Order under Minn. Stat. § 609.748 subdivision 5. The order can require the respondent to:

• Cease all harassment – stop the specific conduct
• Have no contact with you
• Stay away from your home, workplace, school, or other locations
• Other relief the court finds necessary to protect you

How long does it last?

• A standard HRO lasts up to 2 years
• For repeat harassment (the respondent has prior HRO or OFP violations, or multiple orders have been issued), the court can issue an HRO for up to 50 years
• You can ask the court to extend the HRO before it expires

The order is entered into the state law enforcement database. This means any law enforcement officer in Minnesota can look up the order and enforce it.

What Happens If Someone Violates the HRO?

Violating a Harassment Restraining Order is a crime in Minnesota. Under Minn. Stat. § 609.748 subdivision 6, the penalties escalate based on the violator’s history and the circumstances:

Violation	Charge	Potential Penalty
First violation	Misdemeanor	Up to 90 days in jail and/or $1,000 fine
Violation with prior domestic violence conviction	Gross misdemeanor	Up to 1 year in jail and/or $3,000 fine
Two or more prior violations	Felony	Up to 5 years in prison and/or $10,000 fine
Violation motivated by bias	Felony	Up to 5 years in prison and/or $10,000 fine
Violation while armed with a dangerous weapon	Felony	Up to 5 years in prison and/or $10,000 fine
Violation against a minor victim	Felony	Up to 5 years in prison and/or $10,000 fine

Mandatory arrest: Law enforcement officers must arrest the respondent on probable cause of an HRO violation. They do not need to see the violation happen – they only need reason to believe it occurred.

If someone violates your HRO:

1. Call 911 immediately. Report the violation to the police.
2. Document the violation. Save any messages, photos, or other evidence.
3. Keep your copy of the HRO with you so you can show it to officers.

Your Job Is Protected

Under Minn. Stat. § 609.748 subdivision 10, your employer cannot fire you, discipline you, or penalize you for taking reasonable time off work to obtain or enforce a Harassment Restraining Order.

To use this protection:

• Give your employer 48 hours advance notice before taking time off, if possible
• If there is imminent danger and you cannot give advance notice, notify your employer as soon as you can
• Your employer may ask for documentation (such as a copy of the court filing or a police report)

This protection covers time spent at court hearings, meeting with law enforcement, and other steps needed to get or enforce the HRO.

Key Deadlines

Deadline	Details	Statute
Same day	Judge may issue a temporary ex parte order if immediate danger	Minn. Stat. § 609.748 subd. 4
5 days before hearing	Respondent must be personally served at least 5 days before the hearing	Minn. Stat. § 609.748 subd. 3
20 days after service	Respondent has 20 days to request a hearing	Minn. Stat. § 609.748 subd. 5
Up to 2 years	Standard HRO duration	Minn. Stat. § 609.748 subd. 5
Up to 50 years	HRO duration for repeat harassment	Minn. Stat. § 609.748 subd. 5
48 hours	Advance notice to employer before taking time off (if possible)	Minn. Stat. § 609.748 subd. 10

Costs & Fees

Item	Cost
Filing fee for HRO petition	Varies by county (typically $50-$100)
Filing fee waived (stalking or sexual assault)	Free
Fee waiver for low income (IFP)	Free – ask the court for an “In Forma Pauperis” application
Process server (to serve papers)	$40-$75 (sheriff service may be less)
Attorney (if you hire one)	$150-$350/hour

When to Get a Lawyer

You do not need a lawyer to file for an HRO, and the process is designed for people to handle on their own. However, you may want legal help if:

• The harassment is severe or ongoing and you are concerned about your safety
• The respondent has hired a lawyer and is contesting the HRO
• Your case involves stalking or sexual assault
• You need to coordinate the HRO with a criminal case or other legal proceeding
• The harasser is a former partner and you are not sure whether an HRO or OFP is more appropriate
• You need help with safety planning

Many legal aid organizations provide free help with protective orders.

Related Guides

Orders for Protection (OFP) in Minnesota

How to get an Order for Protection in Minnesota. A plain-language guide to the OFP process, requirements, and what to expect.

Criminal Defense in Minnesota

A plain-language guide to the criminal justice process in Minnesota. Learn about arrest, charges, court hearings, plea options, sentencing, and your rights at every stage.

Workplace Harassment in Minnesota

A plain-language guide to understanding workplace harassment laws in Minnesota, including sexual harassment, hostile work environment, and how to file a complaint.

Where to Get Help

• Day One Crisis Hotline (statewide): Call 1-866-223-1111 (24 hours, free, confidential)
• National Domestic Violence Hotline: Call 1-800-799-7233 or text START to 88788
• Victim/Witness assistance: Contact your county attorney’s office for victim services
• 211 (United Way): Dial 2-1-1 for local resources and referrals

Frequently Asked Questions

Do I need a lawyer to get an HRO? No. The process is designed so that people can file on their own. Court staff can help you with the forms. However, a lawyer can help if your case is complex or the respondent is contesting the order.

What is the difference between an HRO and an OFP? An HRO protects you from harassment by anyone – you do not need a family or household relationship. An OFP ( Minn. Stat. § 518B.01 ) is for domestic abuse by a family member, household member, spouse, or someone you share a child with. OFPs provide broader relief including custody, housing, and firearm surrender. See our comparison table above.

Can I get an HRO against a neighbor? Yes. You do not need any particular relationship with the person. If a neighbor’s conduct meets the definition of harassment under Minn. Stat. § 609.748 – such as repeated unwanted acts that substantially affect your safety or privacy – you can petition for an HRO.

How long does the process take? If you show immediate danger, a judge can issue a temporary order the same day you file. The respondent then has 20 days to request a hearing. If a hearing is requested, it is scheduled promptly. From filing to a full order, the process typically takes a few weeks.

Can the harasser contact me after I file? If the court issues a temporary order, the respondent must obey it immediately after being served. Any contact that violates the order is a crime. If you have not yet received a temporary order, the respondent is not yet legally barred from contact by the HRO process.

What if the harassment happens online? Online harassment can qualify for an HRO. Cyberstalking, repeated unwanted messages on social media, threatening emails, and nonconsensual sharing of intimate images ( Minn. Stat. § 617.261 ) are all forms of harassment that can support an HRO petition. Save and screenshot all evidence.

Will the HRO show up on the harasser’s record? An HRO is a civil order, not a criminal conviction. However, it is entered into state law enforcement databases. If the respondent violates the HRO, that violation is a criminal matter and will show up on their criminal record.

Can I get an HRO if I already called the police? Yes. An HRO is a civil court order that is separate from any criminal case. You can have both a criminal case and an HRO at the same time. In fact, filing a police report can strengthen your HRO petition because it creates an official record of the harassment.