Legal Information: Minnesota

Restraining Orders

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Updated: 
November 15, 2017

What are the steps for getting a harassment restraining order?

To file for an HRO, you can go to the district court in the county where you live, where the harasser lives, or where the harassment took place.*  A judge will decide whether or not to issue you an ex parte temporary order on the day you file.  If so, the temporary order will be in effect until a hearing is held on a final restraining order.*1  The petition and any temporary restraining order must be served personally served on the respondent, which is usually done by a peace officer (but could also be done by a corrections officer, including probation officers, court services officers, parole officers, and employees of jails or correctional facilities).*2 For more information on service of the order, see How can a harassment restraining order be served?

If the respondent or the petitioner (you) wants to request a hearing, it must be done within 20 days of service of the petition.*3  If the respondent requests a hearing, you will get notice of the hearing date in the mail at least five days before the hearing.  If you request a hearing, the respondent must be personally served with notice at least 5 days before the hearing.*4

* MN Code § 609.748(2) 
*1 MN Code § 609.748(4)(d)
*2 MN Code § 609.748(5b)
*3 MN Code § 609.748(3)(d),(4)(f)
*4 MN Code § 609.748(3)(a)