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Harassment restraining orders and orders of protection are legal tools to stop unwanted contact and abusive behavior. Minnesota law allows people to petition the court to limit or prohibit contact with someone and require them to stay away from the petitioner’s home and work. In some cases, the orders may also restrict access to firearms. Whether you’re seeking protection or responding to someone else’s petition, you need an experienced lawyer on your side.
Sjoberg Law Office, P.A.’s criminal defense and family attorney represents clients in Ham Lake and the surrounding areas, including Anoka, Isanti, and Chisago counties. If you’re considering an order or need to respond to someone else’s petition, we can help. Contact us today to discuss your case and learn more about your legal options with our orders of protection attorneys.
Both harassment restraining orders (HROs) and orders of protection (OFPs) legally limit someone’s behavior. However, the orders are for different situations.
A harassment restraining order offers protection when someone engages in harassment under Minnesota law. Harassment is:
The law doesn’t require a family or household relationship for someone to file an HRO. You can seek an order against anyone, from neighbors and coworkers to complete strangers, as long as their harassment falls under the legal definition.
An HRO can prohibit the harasser from contacting you or physically going to places like your home or workplace. Violating an HRO may result in criminal penalties. This includes gross misdemeanor or felony charges, depending on the harasser’s prior history and the circumstances.
In contrast, an order for protection is for victims of domestic abuse. To qualify, the petitioner must have a relationship with the abuser, such as:
“Domestic abuse” includes:
OFPs can require the abuser to stay away from you and certain areas. Depending on your specific situation, they may include temporary custody or parenting time restrictions, which can interfere with your ability to see your child.
HROs and OFPs differ in several important ways:
A lawyer at Sjoberg Law Office, P.A. can help you understand which order applies to your specific situation and what’s required to file an effective petition or response.
Working with an attorney is the best way to make sure your petition meets all legal requirements. Here’s the general process:
You can file a harassment restraining order or an order for protection on your own behalf if you are an adult. Parents or legal guardians can file for minors.
Law enforcement involvement is not always required, though police reports or prior contacts with authorities can support your petition. Filing on your own is allowed, but having an attorney on your side can help make sure the petition includes all necessary information and accurately describes the conduct.
Petitions are filed in the district court in the county where you or the other person lives, or where the conduct occurred.
The court expects your petition to describe the conduct in detail. You should have dates, locations, and specific acts of harassment or abuse. The descriptions should be as clear and specific as possible, without adding opinions or speculation.
If you are in immediate danger, the court can issue a temporary or ex parte order without waiting for a hearing. Temporary orders typically last until the full hearing is held. This gives you some short-term protection from harassment or abuse.
After the court issues a temporary order, it must serve the other party. This legally notifies the respondent of the order and its restrictions. Note that violations are enforceable only after the respondent receives notice.
A contested hearing gives both sides the chance to present evidence and testimony. The court schedules the hearing within 14 to 21 days.
At the hearing, the judge decides whether to issue a longer-term order and what restrictions it will include. The petitioner bears the burden of proof. If you’re asking for an HRO, you must show that harassment occurred or reasonably caused fear. If you’re asking for an OFP, you must show that domestic abuse occurred within a qualifying relationship. Your lawyer can represent you at the hearing and present a persuasive case.
Defending against an HRO or OFP is also best accomplished with the help of an experienced attorney. The process is similar to filing:
When someone files a harassment restraining order or order for protection against you, the court will serve you with notice and a copy of the petition. You must respond within the deadlines set by the court, or the judge may issue a permanent order without hearing your side.
If you file a written response or request a hearing, you may present evidence to challenge the allegations.
Next, you’ll prepare for the hearing. You and your lawyer will carefully review the petition together. This helps identify the allegations and what evidence supports your defense. Common evidence includes messages and call logs or testimony from witnesses who can confirm your version of events.
There are a few common defenses at these hearings. Your attorney may argue that the conduct does not meet the statutory definitions of harassment or domestic abuse. They may dispute whether the harassment or abuse happened the way the petitioner said it did. Depending on the case, your lawyer might show that no qualifying relationship exists for an OFP.
Prior interactions and incidents can also be relevant. Your lawyer may show that there’s a pattern of miscommunication or misunderstandings rather than intentional harassment.
After the hearing, the judge has several options: they may dismiss the petition, grant a limited order, or issue a full-term order with restrictions.
A dismissal removes legal restrictions and any associated firearm prohibitions. A limited order may restrict contact only in certain locations or for a specific period.
Even if the court grants the order against you, you can sometimes request modification or seek judicial review if circumstances change.
Whether you need to petition for a harassment restraining order or order for protection, respond to one filed against you, or deal with a violation that could lead to criminal charges, Sjoberg Law Office, P.A., can help you through the process.
We handle cases in both family law and criminal defense, which allows us to coordinate strategies when protection orders intersect with custody disputes or firearm restrictions. Our firm serves clients in Ham Lake, Anoka, Isanti, and Chisago counties. Call Sjoberg Law Office, P.A. to discuss your case with our Harassment Restraining Orders/Orders of Protection lawyers.