Filing a Harassment Restraining Order
A victim of harassment (or parent or guardian of a minor victim) may seek a Harassment Restraining Order from the court. The order may be issued against a single individual or against an organization.
A Harassment Restraining Order prohibits harassment, as defined below:
- A single incident of physical or sexual assault.
- Repeated unwanted behaviors, words or gestures that you find disturbing or are intended to threaten your safety, security or privacy
- Targeted residential picketing, which includes:
a. Targeting a specific residence for marching, standing, or patrolling; affecting the privacy, safety and security of an occupant of the building.
b. Preventing the occupant of a residence from entering or leaving the property by such marching, standing or patrolling. - A pattern of attending public events after being told that one’s presence is harassing to another.
To file a Harassment Restraining Order, you must first fill out a Court Administration form titled "Petitioner's Affidavit and Petition for Harassment Restraining Order."
You may pick up a copy of this form from our Service Center, or download it from the Minnesota Court System’s web site. Provide as many details as possible on the form, and return it to Court Administration. The Courts may charge a filing fee. If you have questions about the process, call the Service Center.
After your form is filed, a hearing will be scheduled so that the court can review your case. You must attend this court hearing in person, and may need to explain to the court. If you have witnesses or some paperwork that can help tell your story, bring them with you.
The court may issue you a temporary Harassment Restraining Order, which is effective only until your court hearing. After the hearing, the Restraining Order could be effective for up to two years.
The alleged harasser, or respondent, must receive a copy of any order. Usually, an employee of the Sheriff’s Office delivers a copy of the papers to the respondent in person. It is your responsibility to check with the Sheriff’s Office to be sure this service is done.
If the respondent is avoiding personal service, or if you do not know the respondent’s address, you may return to Court Administration and ask to have service done via a one-week published notice.
With no personal service of the court papers, if you do not request published notice, the Restraining Order will end 14 days after the judge signs it.
If you move, please let the court administrator know your new address. It is important that the court knows where you are.