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Harassment Orders/Restraining Orders

A person who is a victim of harassment may seek a restraining order from the district court. A Harassment Restraining Order instructs a person to stop harassing you, or to abstain from having any contact with you. If you believe that a person may be harassing you, you have the right to ask a court to issue a Harassment Restraining Order.

Harassment orders or restraining orders can be helpful in custody disputes, domestic abuse cases, or during a divorce. They can also be used if you are being stalked by someone that you feel threatened by including by means of phone calls, mail, or by harm to your property. Typically, Harassment Restraining Orders are issued against non-relatives, but they can be issued against family members if necessary.

The definition of “harassment” includes a single incident of physical or sexual assault, or repeated incidents of intrusive or unwanted acts, words or gestures which causes the person being harassed to feel afraid, intimidated, threatened, or persecuted. The act or acts of harassment can be any incident that has or is intended to have a substantial adverse effect on the safety or security of another, regardless of the relationship between the actor and the target. For these reasons, in order to obtain a Harassment Restraining Order in Minnesota, you must show through evidence that the person has made substantial intrusive acts against you through words or gestures with the intent to deeply impact your safety or privacy.

At first, the Harassment Restraining Order will be temporary and will continue until a hearing is held. If the harasser violates the terms of the Harassment Restraining Order, he or she may be arrested and charged with a crime.

It is necessary to retain the proper attorney when your rights and your basic freedoms are at stake. If you are seeking, or defending against, a Harassment Restraining Order, the attorneys at The Law Offices of Daniel J. Brazil, P.A. can help.