Is someone bothering and pestering you, and refuses to leave you alone? This conduct might be considered legal harassment, and you might be entitled to a harassment restraining order against the individual. Conversely, is someone claiming that you are harassing them, but you believe your conduct is otherwise innocent? You will need to know the definition of legal harassment to avoid getting a harassment restraining order issued against you.

The Definition of Harassment

Under Minnesota law, harassment includes:

• a single incident of physical or sexual assault, a single incident of stalking, a single incident of nonconsensual dissemination of private sexual images, or 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 the actor and the intended target;

• targeted residential picketing

• a pattern of attending public events after being notified that the actor's presence at the event is harassing to another

The majority of harassment restraining order proceedings involve repeated incidents of unwanted acts that negatively impact someone else.

The Process for Obtaining a Harassment Restraining Order (HRO)

To obtain a harassment restraining order, which is sometimes simply referred to as an HRO, the person being harassed must go to the courthouse and complete an affidavit and petition for harassment restraining order. This can be accomplished in the county where either person resides or in the county where the harassment occurred. Based on the contents of the HRO petition, the court may grant an immediate (ex-parte) harassment restraining order, may deny it outright or may set it for a court hearing. If the court grants the HRO without a court hearing, the respondent always has the right to request a hearing. This initial court hearing can vary depending on the county you are in. In some counties, this initial hearing is simply an “admit-deny” hearing, where the respondent is asked to make one of three statements to the judge:

• admit to the allegations in the HRO petition

• deny the allegations in the HRO petition

• agree to the issuance of an HRO with no findings

If the respondent denies the allegations in the HRO and does not agree to the issuance of an HRO with no findings, then the court will schedule the matter for an evidentiary hearing (a trial), which usually occurs within one or two weeks. For this trial, you will need to be prepared to present all the evidence you have that harassment either did or did not occur and provide testimony to the court regarding these details. You may also bring or subpoena witnesses to also testify. In some counties the first scheduled court hearing for the HRO matter is an actual trial. Therefore, if you do not know whether this initial hearing is simply an admit-deny hearing or a trial, you need to call the courthouse or call a local attorney to determine this beforehand.

Length and Potential Violation of an HRO

If a harassment restraining order is issued, it will usually be issued for two years and will restrain the respondent from having any contact with the petitioning party. An HRO is not a crime or criminal in nature. However, if an HRO is issued against someone and that person violates it (i.e. has contact with the petitioner), that violation is criminal in nature, and the person could be arrested and charged with criminal violation of a harassment restraining order.