Practice Areas

Harassment restraining orders are only issued if a person petitions the court for relief. Unlike an order for protection, harassment restraining orders can be issued against non-family and other non-household members. A petition for relief must include the petitioner’s name, the name of respondent, and facts sufficient to prove that the respondent has engaged in harassment.

Under Minnesota law, “harassment” can mean any of the following:

• A single incident of physical or sexual assault.
• A single incident of nonconsensual dissemination of private sexual images.
• A single incident of using the petitioner’s personal information, without their consent, to invite, encourage, or solicit a third party to engage in a sexual act with them.
• Repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect on the safety, security, or privacy of the petitioner.
• Targeted residential picketing.
• A pattern of a respondent attending public events after being notified that their presence is harassing to others.

If a judge finds that the petitioner provided sufficient facts to satisfy the harassment restraining order requirements, they may issue a restraining order against the respondent. This order will require the respondent to cease harassment of the petitioner and/or the respondent to have no contact with the petitioner.

Violating a harassment restraining order has criminal penalties. Generally, a harassment restraining order violation is a misdemeanor offense. Under certain circumstances, a harassment restraining order violation may be a gross misdemeanor or a felony offense.

A harassment restraining order is a misdemeanor if you have no previous qualified domestic violence-related convictions within 10 years of the violation, and you did not violate the order because of the petitioner’s race, color, religion, sex, sexual orientation, disability, age, or national origin. If you have been charged with misdemeanor harassment restraining order violation, penalties include up to 90 days in jail and/or a $1,000 fine.

A harassment restraining order violation is a gross misdemeanor if you have a previous qualified domestic violence-related offense within 10 years of the violation. A “qualified domestic violence-related offense” includes but is not limited to:

• domestic assault;
• DANCO violations;
• varying degrees of murder, manslaughter, and assault;
• varying degrees of criminal sexual conduct;
• malicious punishment of a child;
• first degree burglary;
• harassment or violation of a harassment restraining order;
• interference with emergency call; and
• other similar laws.

If you have been charged with gross misdemeanor harassment restraining order violation, penalties include up to 364 days in jail and/or a $3,000 fine.

A harassment restraining order violation is a felony if:

• You have two or more previous qualified domestic violence-related offense convictions within 10 years of the violation.
• The violation was based on the petitioner’s race, color, religion, sex, sexual orientation, disability, age, or national origin.
• You were falsely impersonating another.
• You possessed a dangerous weapon.
• You intended to influence or otherwise tamper with a juror.
• You intended to influence a judicial proceeding.
• You intended to retaliate against a judicial officer, prosecutor, defense attorney, or officer of the court based on their performance of official duties in connection with a judicial proceeding.
• The protected party was under the age of 18 and you were more than 36 months older than them.

If you have been charged with felony harassment restraining order violation, penalties include up to 5 years in prison and/or a $10,000 fine.