Understanding Harassment Laws in Minnesota
Harassment is a serious issue that can lead to both civil and criminal consequences. Victims of harassment have the legal right to seek protection through a Harassment Restraining Order (HRO), which prohibits further contact or acts of harassment by the offender. However, Minnesota’s harassment laws have a specific legal definition, and not all unwanted or offensive conduct qualifies as harassment under the statute.
Since every county in Minnesota handles HRO hearings differently, working with an experienced Minnesota harassment lawyer is essential to navigating the legal process effectively. Whether you are seeking protection from harassment or defending against an HRO petition, having skilled legal representation can make all the difference.
Definition of Harassment in Minnesota
Minnesota law provides a strict definition of harassment under Minn. Stat. § 609.748. Harassment includes:
- A single incident of physical or sexual assault
- 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 another person’s safety, security, or privacy
- Targeted residential picketing
- Repeated attendance at public events after being notified that one’s presence is harassing to another individual
It is important to note that mere offensive or immature behavior does not automatically constitute harassment under the law. The court will closely examine whether the acts were repeated and had a substantial adverse effect on the victim’s safety or well-being.
Legal Remedies for Victims of Harassment
Victims of harassment in Minnesota can seek protection through a Harassment Restraining Order (HRO). An HRO is a court order that legally prohibits further harassment and provides relief such as:
- Restraining the offender from engaging in further acts of harassment
- Prohibiting contact between the harasser and the victim
- Preventing the harasser from entering the victim’s home or workplace
HROs in Minnesota are typically issued for up to two years, but they may be extended if necessary. Violating an HRO is a criminal offense and can result in significant legal penalties.
The Process of Obtaining a Harassment Restraining Order (HRO)
Obtaining an HRO involves several legal steps. Our Minnesota harassment attorneys can guide you through this process.
Step 1: Filing the HRO Petition and Affidavit
To request an HRO, the victim (or their attorney) must file two key legal documents with the court:
- Petition for a Harassment Restraining Order: This document outlines the allegations of harassment and specifies the relief being requested.
- Affidavit Supporting the HRO Petition: The affidavit provides detailed factual information and evidence supporting the harassment claim.
Step 2: Court Review and Temporary HRO Issuance
Once the petition is filed, the judge will review the documents and decide whether to issue a Temporary HRO without notifying the alleged harasser. If granted, the Temporary HRO provides immediate protection and remains in effect until a formal hearing is held.
Step 3: Service of the HRO
If a Temporary HRO is issued, law enforcement officials (typically the sheriff’s department) will serve the order on the alleged harasser, informing them of the restrictions imposed by the court.
Step 4: The HRO Hearing
If the individual named in the HRO objects to the allegations, they have the right to request a court hearing to challenge the restraining order. During the hearing:
- The burden of proof is on the petitioner to show that acts of harassment occurred.
- The standard of proof is preponderance of the evidence (i.e., it is more likely than not that harassment occurred).
- Both parties may present evidence, witnesses, and testimony to support their claims.
If the court finds sufficient evidence, it will issue a Final Harassment Restraining Order, which may remain in effect for up to two years (or longer in severe cases).
Criminal Penalties for Violating an HRO
Violating a Harassment Restraining Order is a criminal offense in Minnesota and carries serious legal consequences. The penalties for violating an HRO are as follows:
- First offense: Misdemeanor charge, punishable by up to 90 days in jail and/or a \$1,000 fine.
- Second offense: Gross misdemeanor charge, punishable by up to one year in jail and/or a \$3,000 fine.
- Third or subsequent offense: Felony charge, punishable by up to five years in prison and/or a $10,000 fine.
Defending Against False Harassment Claims
While HROs serve an important role in protecting individuals from harassment, false accusations can and do occur. An HRO can be misused as a tactic in personal disputes, workplace conflicts, or custody battles. Being falsely accused of harassment can have severe consequences, including:
- Damage to your reputation and employment prospects
- Restrictions on where you can go and whom you can contact
- Criminal charges for alleged violations
If you have been falsely accused of harassment, an experienced Minnesota harassment lawyer can help you challenge the allegations in court by:
- Presenting evidence and witness testimony to dispute the claims
- Demonstrating lack of intent to harass
- Proving that the allegations are false or exaggerated
- Filing motions to dismiss an unwarranted HRO
How a Minnesota Harassment Lawyer Can Help
Whether you are seeking protection from harassment or defending against false allegations, working with an experienced Minnesota harassment attorney is critical to achieving the best possible outcome. Our legal team can assist you by:
- Filing or contesting Harassment Restraining Orders (HROs)
- Representing you in court hearings
- Defending against criminal charges for violating an HRO
- Providing legal guidance on harassment-related disputes
Frequently Asked Questions
1. How long does an HRO last?\
An HRO typically lasts up to two years but can be extended if ongoing harassment is proven.
2. Can an HRO be removed or modified?\
Yes. Either party can petition the court to modify or dismiss an HRO, but they must present valid reasons for the request.
3. What happens if someone violates an HRO?\
Violating an HRO is a criminal offense that can lead to fines, jail time, and enhanced charges for repeat offenders.
4. Can a single incident qualify as harassment?\
Only if the incident involves physical or sexual assault. Otherwise, harassment typically requires a pattern of unwanted conduct.
5. Can harassment claims affect employment?\
Yes. Having an HRO against you can impact employment opportunities, professional licenses, and background checks.
Contact Our Minnesota Harassment Lawyers
Harassment-related legal matters require experienced representation to ensure that your rights and safety are protected. At Barna, Guzy & Steffen, Ltd., we provide expert legal assistance for victims seeking protection and individuals defending against wrongful harassment allegations.
Call us today at (763) 783-5146 for a confidential consultation.