The Family Law Show returns, with a summary of the issues involved in obtaining, or defending against, an Order for Protection or Harassment Restraining Order.

The conduct giving rise to either Order may impact litigants in three types of cases: a civil case, a family case and a criminal case – often concurrently.

Topics discussed in this podcast include Minnesota’s Domestic Abuse Act, the impact an OFP or Restraining Order may have in family court, the standards and procedures involved in obtaining an Order for Protection, the standards and procedures involved in obtaining a Harassment Restraining Order and the criminal consequences that may stem from violating either type of Order.

 

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In this video segment we discusses the nature harassment restraining orders in Minnesota, including: (1) the legal definition of “harassment;” (2) the process involved in securing an HRO; and (3) the remedies available to someone has been a victim of harassment.

The law provides the opportunity for someone who believes they have been the victim of harassment to seek a protective order – referred to as a “harassment restraining order” or “HRO.”

An HRO is something that will preclude the harasser from being present at one’s home or employer, or having ongoing communication with the victim of harassment.

An HRO also applies to situations where a litigant has been the victim of some sort of assault, but they don’t have the familial relationship required to secure an Order for Protection.

“Harassment,” as defined by law, involves repeated, unwanted acts designed to invade your rights, safety, privacy, or security. The acts must have a “substantial adverse effect” on the intended victim.

The process beings on an ex parte basis, without notice to the other side. If the court accepts the allegations within the initial petition, a judge will issue a temporary harassment restraining order, and then set the matter on for a hearing.

At the hearing, testimony and documentary evidence presented. Both sides will be subject to cross examination. If the court finds in favor of the Petitioner, a more long term harassment restraining order, typically two years in length, may be issued.