Harassment can take many forms, from unwanted physical contact to persistent online abuse. In Minnesota, individuals who experience harassment can seek legal protection through a Harassment Restraining Order (HRO). An HRO is a court order designed to prevent further harassment by restricting an offender’s actions and contact with the victim. Minnesota law defines harassment broadly, and courts consider various behaviors when determining whether to grant an HRO.
Understanding the most common bases for obtaining an HRO can help victims protect themselves and navigate the legal system more effectively. Below, we outline the five most common grounds for seeking a Harassment Restraining Order under Minnesota law.
Link to 1. Repeated, Unwanted Contacts 1. Repeated, Unwanted Contacts
One of the most common reasons for obtaining an HRO is persistent, unwanted contact from another person. Under Minnesota Statutes § 609.748, harassment includes repeated, intrusive, or unwanted acts, words, or gestures that have a substantial adverse effect on the victim’s safety, security, or privacy.
Link to What Constitutes Unwanted Contact? What Constitutes Unwanted Contact?
Unwanted contact can take various forms, including:
- Repeated phone calls, text messages, or emails
- Unsolicited visits to the victim’s home or workplace
- Following or appearing near the victim’s usual places of travel
Even if a single contact seems harmless, courts look at the pattern of behavior. If the contact is persistent and distressing to the victim, it may be enough to justify an HRO.
Link to Example Scenario Example Scenario
A former friend repeatedly calls, texts, and emails a person despite being told to stop. The victim feels anxious and unsafe due to the excessive contact. A court may find this pattern sufficient to issue an HRO.
Link to 2. Threats of Physical Harm 2. Threats of Physical Harm
Threats of bodily harm or physical violence are a significant basis for obtaining an HRO in Minnesota. The law does not require that actual physical harm occurs—a credible threat is enough if it causes the victim to fear for their safety.
Link to What Constitutes a Threat? What Constitutes a Threat?
- Direct verbal threats (e.g., “I’m going to hurt you.”)
- Indirect threats implying harm (e.g., “You’ll regret this.”)
- Threatening gestures, such as raising a fist or brandishing a weapon
- Sending messages or images suggesting violence
Even if the person making the threat does not act on it, courts consider whether a reasonable person in the victim’s situation would feel afraid. If so, the threat can be grounds for an HRO.
Link to Example Scenario Example Scenario
A disgruntled coworker, after being fired, repeatedly tells a former colleague, “Watch your back” and “I know where you live.” Even without physical violence, the statements alone may be enough for a judge to issue an HRO.
Link to 3. Stalking and Surveillance 3. Stalking and Surveillance
Stalking is a form of harassment that involves repeated monitoring, following, or surveillance that causes fear or distress. Minnesota law takes stalking seriously, recognizing that it can escalate into more severe harm.
Link to Common Stalking Behaviors Common Stalking Behaviors
- Following a person or appearing where they frequent
- Repeatedly driving by someone’s home or workplace
- Sending excessive messages despite no response
Link to Example Scenario Example Scenario
An ex-boyfriend frequently drives past his former girlfriend’s house, follows her to work, and sends her social media messages despite being blocked. His behavior causes her to fear for her safety, making an HRO appropriate.
Minnesota courts consider patterns of behavior, not just isolated incidents, when determining whether stalking justifies an HRO.
Link to 4. Sexual Harassment and Non-Consensual Contact 4. Sexual Harassment and Non-Consensual Contact
Sexual harassment, particularly when it involves unwanted touching or advances, can be grounds for an HRO. Minnesota law recognizes that such actions can severely impact a victim’s emotional well-being and sense of security.
Link to Types of Sexual Harassment Justifying an HRO Types of Sexual Harassment Justifying an HRO
- Unwanted sexual advances (e.g., persistent requests for dates despite refusals)
- Inappropriate touching or groping
- Sending sexually explicit messages or images without consent
- Making sexually suggestive comments that create a hostile environment
Unlike workplace sexual harassment claims that require reporting to an employer, an HRO can be sought independently if the harassment is personal and persistent.
Link to Example Scenario Example Scenario
A neighbor continuously makes sexually suggestive comments and touches a person inappropriately when they pass by. Despite repeated requests to stop, the behavior continues. This could justify an HRO.
Link to 5. Online Harassment and Cyberstalking 5. Online Harassment and Cyberstalking
With the rise of digital communication, cyber harassment and cyberstalking have become increasingly common. Minnesota law recognizes online harassment as a valid reason for an HRO, provided it meets the criteria of repeated, intrusive, or unwanted contact that has a negative impact on the victim.
Link to Examples of Online Harassment Examples of Online Harassment
- Sending threatening or abusive emails, texts, or social media messages
- Posting false or defamatory information online
- Impersonating the victim online to cause harm
Minnesota courts have issued HROs in cases where digital harassment has significantly impacted a victim’s emotional health and security.
Link to Example Scenario Example Scenario
An individual repeatedly sends offensive and harassing messages on social media, tags the victim in embarrassing posts, and spreads false rumors online. The victim experiences emotional distress and feels unsafe, making them eligible for an HRO.
Link to How to Obtain a Harassment Restraining Order in Minnesota How to Obtain a Harassment Restraining Order in Minnesota
If you are experiencing harassment based on any of the above behaviors, you can file for an HRO in Minnesota by following these steps:
Link to 1. File a Petition 1. File a Petition
- Complete a Petition for a Harassment Restraining Order at your local courthouse.
- Provide details about the harassment, including dates, times, and examples of the behavior.
Link to 2. Judge Reviews the Petition 2. Judge Reviews the Petition
- A judge may grant a temporary HRO without notifying the harasser if there is an immediate risk.
- If granted, a hearing may be scheduled to determine if a long-term order is necessary.
Link to 3. Service of Process 3. Service of Process
- The restrained person must be served with the order. Law enforcement or a private process server typically handles this.
Link to 4. Attend a Court Hearing (If Required) 4. Attend a Court Hearing (If Required)
- If the respondent challenges the HRO, a hearing will be held.
- You may need to provide evidence (texts, emails, witnesses) to support your case.
Link to 5. Enforce the HRO 5. Enforce the HRO
- If the restrained person violates the HRO, report it to law enforcement immediately.
- Violating an HRO can lead to criminal charges.
Link to Conclusion Conclusion
Harassment can be emotionally and physically distressing, but Minnesota law provides protection through Harassment Restraining Orders (HROs). If you are experiencing repeated unwanted contact, threats, stalking, sexual harassment, or online abuse, you may qualify for an HRO to help ensure your safety.
If you are considering filing for an HRO, consulting with an attorney can help you navigate the process effectively and increase your chances of obtaining legal protection.
If you need assistance, our legal team at Barna, Guzy & Steffen is here to help. Contact us today to discuss your situation and explore your legal options.