Harassment Restraining Orders Are Serious
Harassment can be a frightening experience. You may have an encounter once or it may be repeated many times. If the conduct rises to a sufficient level of severity and the act is committed by a family or household member, you may be able to obtain an Order for Protection (OFP). But what if it is less than life threatening, but still deeply unsettling?
Obtaining A Harassment Restraining Order
Minnesota’s harassment law allows you to obtain a civil order (not criminal) that will order the individual not to contact you or your family and permits the police to arrest that individual if they violate the order without first obtaining a warrant from a judge. Our attorneys at Anderson Law Firm can explain the requirements of the law and help you file the paperwork.
Conduct Subject To The HRO Law
The type of conduct covered includes:
- Physical or sexual assault
- Use of personal information without consent
- Sharing of sexual images without permission
Additionally, the broadest category under the statute is:
“Repeated incidents of intrusive or unwanted acts, words or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security or privacy of another, regardless of the relationship between you and the alleged harasser.”
This category covers wide variety of conduct, from yelling profane language or repeated phone calls or texts to a person. Harassment is often challenging to prove, as some conduct may be subjectively offensive, and it will be necessary to convince a judge that the conduct was harassment to the victim.
Document The Incidents
This may sound trivial, but it is very important. One way to build a convincing argument that conduct is harassment is to keep very detailed records of the conduct, the time it occurred and the frequency. Claiming someone is sending harassing texts is potentially conduct that is covered by the statute. Showing the records of dozens of texts is much more likely to provide the necessary evidence that would lead a judge to grant the harassment restraining order.
Contact Us Immediately
We understand how terrifying harassment can be. If you have experienced this conduct, call our lawyers at our Rochester office at 507-536-9933 or use our online form, and we will help with the filing necessary to obtain a harassment restraining order.