Conozca la Ley: Minnesota
ACTUALIZADA 8 de agosto, 2009
A harassment restraining order is an order issued against a harasser, regardless of your relationship to him. It can order him to stop harassing you and to have no contact with you.
- What is a harassment restraining order (HRO)?
- Am I eligible for a harassment restraining order?
- Can a minor get an HRO?
- What are the steps for getting a harassment restraining order?
- How much does it cost to file for an HRO?
arribaWhat is a harassment restraining order (HRO)?
A harassment restraining order is an order from court that instructs the harasser to stop harassing you or to have no contact with you. You can get a temporary order, without the harasser present in court, if the judge reasonably believes that the respondent has engaged in harassment. If your petition is based on a single incident, your petition must also state that there is an immediate and present danger of harassment before the court may issue a temporary restraining order.*
A temporary order is in effect until a hearing is held on a (non-temporary) restraining order. A restraining order will generally last up to two years.**
Violation of a restraining order can result in the harasser being arrested and/or held in contempt of court.***
*MN Code § 609.748(4)
**MN Code § 609.748(5)
***MN Code § 609.748(6)
arribaAm I eligible for a harassment restraining order?
If you are not eligible for an order for protection, you may be able to get a harassment restraining order (HRO). Anyone who is a victim of harassment or stalking can file for an HRO. It does not matter what relationship you have with the harasser.
Harassment is when someone acts in a way that he knows or should know will cause you to feel frightened, threatened, oppressed, persecuted, or intimidated and you do feel one of these emotions due to his behavior.* For the purposes of getting an HRO, harassment also includes a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial negative effect or are intended to have a substantial negative effect on your safety, security, or privacy.**
Additionally, you could also apply for an HRO if the abuser:
- shows an intent to injure you, your property, or your rights by committing an unlawful act;
- stalks, follows, monitors, or pursues you whether in person or through technology or other means;
- returns to your property without permission;
- makes repeated phone calls or gets someone else to make them to you, even if there is no conversation; or
- repeatedly mails, emails or delivers letters, packages, messages, or other objects.***
** MN Code §609.748(1)(a)
*** MN Code §609.749(2)(a)(1)-(6)
arribaCan a minor get an HRO?
A parent, step-parent or guardian of a minor who is being harassed can file for the restraining order on the minor's behalf.*
* MN Code § 609.748(2)
arribaWhat are the steps for getting a harassment restraining order?
To file for an HRO, you must go to your local district court. There are listings of courthouses in MN here: Courthouse Locations. The procedure for filing for and obtaining an HRO will be similar to the procedures for an OFP, as explained in What are the steps for obtaining an OFP?
arribaHow much does it cost to file for an HRO?
There is a filing fee for a harassment restraining order. The district court can tell you what the fee is. However, if you are a low-income person and meet the income guidelines, the fee will be waived. Also, regardless of your income, if you allege one of these acts in your petition, the fee will be waived:
1. shows an intent to injure you, your property, or your rights by committing an unlawful act;
2. stalks, follows, monitors, or pursues you another whether in person or through technology or other means
3. returns to the your property without permissionconstantly rings your phone;
4. makes repeated phone calls or gets someone else to make them to you, even if there is no conversation
5. repeatedly mails, emails or delivers letters, packages, messages, or other objects.
6. criminal sexual conduct.*
*
MN Code §609.748(3) & (3a)