The point of a protective order is, in a sense, to draw a line
around you and your home and make it an offense for a particular person
to cross that line. Ultimately, though, an Order is a piece of paper –
it is not a guarantee. Remain aware of your surroundings, and always
have a copy of your order handy should the police be called.
Harassment Restraining Orders
A harassment restraining order (HRO) might be appropriate if a person
is being harassed by a neighbor, former co-worker, an estranged friend,
or other individual with whom they do not have a close personal
relationship. You do not need to have lived with the harasser to get an
HRO.
In order to obtain an HRO, a person must complete a petition to their
local county court, indicating the names of the victim ("petitioner")
and of the alleged harasser (the "respondent"), and that the respondent
has engaged in harassing conduct – with descriptions of what that
conduct has been. (Minn. Stat. § 609.748, subd. 3; "Minn. Stat." refers
to "Minnesota Statutes". Complete texts of statutes may be viewed at
your public library or at the Legislature’s
website.)
Examples of "harassment," for purposes of obtaining an HRO, include "a
single incident of physical or sexual assault 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; and a pattern of attending public events after
being notified that the actor’s presence at the event is harassing to
another." (Minn. Stat. § 609.748, subd. 1(a) (emphasis added)). In other
words, a single episode of sexual or physical violence may be sufficient
to enable you to obtain an HRO, but for conduct that does not reach such
a level, a person seeking an order must demonstrate that the other
person has engaged in a pattern of harassment – multiple incidents –
that have (or are intended to have) a substantial effect.
For this reason, if you determine that a neighbor or other person
appears to be harassing you, you should begin to keep a log of the
incidents so that you can refer to it if you do decide to seek an HRO.
Take pictures of any damage done or of graffiti or similar evidence of
harassment. If there are witnesses to incidents, ask them to write a
brief note describing what they saw or heard. Save phone messages if you
can. Documenting such information could end up making the difference
between whether you get an order or not.
Once the petition is completed, court staff take it to a judge for
review. At this point, the judge is not making any decision as to
whether your allegations are true or false, but rather will determine
whether, if your allegations were true, they would be sufficient to
entitle you to an HRO. If the judge decides your allegations are NOT
sufficient, there is no appeal available; to pursue it further, a new
petition will need to be prepared, with additional facts to support your
case. On the other hand, if the judge is satisfied that there are
"reasonable grounds to believe the respondent has engaged in
harassment," (Minn. Stat. § 609.748, subd, 4) the judge may sign a
temporary, "ex parte" order (meaning that it was issued without
the other party being present). The temporary order is filed with the
court, and copies are provided to local law enforcement (city police or
county sheriff) for delivery to the respondent. A hearing will not be
scheduled unless requested by either the petitioner or respondent within
45 days of the issuance of the temporary order. The temporary order is
nonetheless valid and the respondent may be arrested for any violation
occurring between the time it is served and a hearing occurs. (Minn.
Stat. § 609.749, subd. 6.) An HRO can be valid for up to two years.
(Minn. Stat. § 609.748, subds. 3-5)
The effect of an HRO is generally to prohibit the respondent from
having direct or indirect contact with the petitioner during the time
the order is in effect. This includes verbal contact, mail, telephone
calls, e-mail, or having a third party convey a message.
Bias-Motivated Harassment
There are two important considerations for people who are being
harassed because of their sexual orientation or gender expression in
Minnesota. First, there is no filing fee for petitioners alleging
bias-motivated harassment. (Minn. Stat. § 609.748, subd. 3a.) Second,
while violations of restraining orders are generally considered
misdemeanors, if the person against whom the order is issued "knowingly
violates the order … because of the victim’s or another’s actual or
perceived … sexual orientation …", the violation becomes a felony
punishable by up to five years in prison, a fine of up to $10,000, or
both. (Minn. Stat. § 609.748, subd. 6(d)(2). Under Minnesota law,
"sexual orientation" is defined to include those who "have or are
perceived as having a self-image or identity not traditionally
associated with one’s biological maleness or femaleness." Minn. Stat. §
363.01, subd. 41a.)
Orders for Protection
Orders for Protection (OFPs) are similar in many ways to HROs, but
are designed to protect people from forms of domestic abuse. An OFP may
be obtained against a "family or household member," including spouses
and former spouses, parents, children, persons related by blood, persons
who have a child together, or, importantly for GLBT people, "persons who
are presently residing together or who have resided together in the past
[or] persons involved in a significant romantic or sexual relationship."
(Minn. Stat. 518B.01, subd. 2(b)). An OFP, therefore, is available to
protect persons from abuse at the hands of current or past romantic
partners of the same sex.
The process for obtaining an OFP is quite similar to that for
obtaining an HRO. The victim ("petitioner") identifies the aggressor
("respondent"), and indicates the acts of domestic abuse the respondent
is alleged to have committed that entitle the petitioner to an OFP. For
these purposes, "domestic abuse" means acts between family or household
members that include commitment of, or inflicting fear of, physical
harm, bodily injury, or assault; terroristic threats, or criminal sexual
conduct. (Minn. Stat. § 518B.01, subd. 2(a)). A "terroristic threat"
means a direct or indirect threat to commit any crime of violence "with
purpose to terrorize another." (Minn. Stat. § 609.713, subd. 1.)
As in the case of an HRO, a petitioner may obtain an immediate ex
parte order, if the petition alleges "an immediate and present
danger of domestic abuse." (Minn. Stat. § 518B.01, subd. 7.) OFPs,
whether ex parte or "permanent," can order a respondent to commit
no acts of abuse, avoid the petitioner’s workplace and residence (even a
residence the respondent shares), and maintain existing insurance
coverage. (Minn. Stat. § 518B.01, subd. 7.) A "permanent" OFP, however,
can offer a petitioner a lengthy list of additional protections. (Minn.
Stat. § 518B.01, subd. 6.) "Permanent" OFPs require a full hearing, held
within 14 days of the date the petition was filed; if an ex parte
order was issued, petitioner-requested full hearings must occur within
seven days or within eight to ten days if requested by the respondent
(to oppose the order itself). (Minn. Stat. § 518B.01, subds. 5, 7.)
Petitioners often request ex parte orders and full hearings when
they file their petitions.
An OFP comes into force when it is served on the respondent, either
personally or by public notice, and is typically effective for up to one
year. Acts that violate HROs also violate OFPs (see above).
For more information, contact:
Anti-Violence Program, ext. 210
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