Know Your Rights: Harassment Restraining Orders in Minnesota
If someone is harassing you in Minnesota, you have the right to ask a court to order them to stop. A Harassment Restraining Order (HRO) protects you from harassment by anyone – a neighbor, coworker, stranger, or anyone else. You do not need a family or household relationship with the person. Here is what you need to know.
Your Rights
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You can get an HRO against anyone. Unlike an Order for Protection (OFP), you do not need a family, household, or romantic relationship with the harasser. See Minn. Stat. § 609.748 .
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You do not need a lawyer to file. The process is designed for people to handle on their own. Court staff can help you with the forms.
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A judge can protect you the same day you file. If you show immediate danger, the court can issue a temporary order before the harasser even knows about it. See Minn. Stat. § 609.748 subd. 4.
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One incident may be enough. A single act of physical assault, sexual assault, stalking ( Minn. Stat. § 609.749 ), or nonconsensual sharing of intimate images ( Minn. Stat. § 617.261 ) qualifies. For other types of harassment, you need to show a pattern.
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Violating the order is a crime. If the harasser breaks the HRO, they can be arrested. A first violation is a misdemeanor. Repeat violations, bias-motivated violations, or violations involving weapons or minors are felonies. See Minn. Stat. § 609.748 subd. 6.
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Police must arrest on probable cause. Law enforcement officers are required to arrest someone they have probable cause to believe violated an HRO. They do not have to witness the violation.
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Your employer cannot fire you for getting an HRO. Your employer cannot fire, discipline, or penalize you for taking time off to obtain or enforce a restraining order. Give 48 hours notice when possible. See Minn. Stat. § 609.748 subd. 10.
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Filing fees may be waived. If the harassment involves stalking or sexual assault, the filing fee is waived. For other cases, you can apply for a fee waiver based on low income.
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The order lasts up to 2 years. A standard HRO can last up to 2 years. For repeat harassment, the court can issue an order lasting up to 50 years. You can ask to extend the order before it expires.
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Online harassment counts. Cyberstalking, unwanted online messages, and nonconsensual intimate images are all forms of harassment that can support an HRO petition.
What to Do
- Call 911 if you are in immediate danger. An HRO takes time to get. If you need safety right now, call the police.
- Document everything. Save texts, emails, voicemails, social media messages, photos, and any other evidence of harassment. Write down dates, times, and locations of incidents.
- Go to your county courthouse. Ask for Harassment Restraining Order petition forms, or find them at mncourts.gov.
- Write a detailed affidavit. Describe each incident of harassment with specific dates, times, and locations. Attach evidence.
- Ask for a temporary order. Tell the court if you are in immediate danger so the judge can issue protection the same day.
- Keep your HRO with you. Once you have an order, carry a copy at all times. Give copies to your employer, your building manager, and your local police.
- Report violations immediately. If the harasser contacts you or violates the order in any way, call 911.
Important Deadlines
| Deadline | What It Means |
|---|---|
| Same day | A judge can issue a temporary order the day you file if you show immediate danger |
| 5 days before hearing | The harasser must be personally served at least 5 days before the hearing |
| 20 days after service | The harasser has 20 days to request a hearing; if they do not, the temporary order may become final |
| Up to 2 years | Standard duration of a full HRO |
| Up to 50 years | Maximum duration for repeat harassment |
| 48 hours | Advance notice to your employer before taking time off for HRO proceedings (when possible) |
Get Help
Tubman
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
LawHelpMN
- Day One Crisis Hotline: Call 1-866-223-1111 (24 hours, free, confidential)
- National Domestic Violence Hotline: Call 1-800-799-7233 or text START to 88788
- 211 (United Way): Dial 2-1-1 for local resources and referrals
For More Detail
See our full guides for more information:
A plain-language guide to getting a Harassment Restraining Order (HRO) in Minnesota. Learn who qualifies, the process, how HROs differ from OFPs, and your rights. How to get an Order for Protection in Minnesota. A plain-language guide to the OFP process, requirements, and what to expect. 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.Harassment Restraining Orders in Minnesota
Orders for Protection (OFP) in Minnesota
Criminal Defense in Minnesota