Harassment Restraining Orders (“HROs”) are civil court orders that prohibit a person from having contact with another person. HROs can profoundly impact your life by limiting your free speech, where you can travel, and your firearm rights. Additionally, violating an HRO is a crime, which can result in arrest, jail time, and many other collateral consequences.

Who Can Get An HRO?

Any person claiming to have experienced “harassment” can file a petition asking for an HRO. In addition, parents or guardians may file an HRO on behalf of a minor victim.

“Harassment” has a specific legal definition. It means any of the following:

• A single incident of physical or sexual assault.
• A single incident of using another person’s information, without consent, to solicit a third party to engage in sexual activities.
• A single incident of nonconsensual sharing of private, sexual images of another.
• Targeted residential picketing.
• Repeated incidents of unwanted acts, words, or gestures that actually have or are intended to have a substantial effect on the safety, security, or privacy of another.
• Repeatedly attending public events after being told that being present is harassing to another.

The person who files the HRO is called the “Petitioner”. The alleged harasser is called the “Respondent”.

What Happens After An HRO Is Filed?

First, the Court must decide, based on only the petition, whether a temporary restraining order is necessary. If the Court finds it is reasonably likely that (1) prior harassment occurred; and (2) there reasonably appears to be an immediate and present danger of future harassment, the Court may issue a temporary restraining order without any hearing. This is called an “ex parte” order.

Second, if the temporary ex parte order is denied, the Petitioner must request a hearing and notice of the hearing must be served on the Respondent at least 5 days before. If the ex parte order is granted, then Respondent must request a hearing within 20 days to contest the HRO. The Court must notify the Petitioner of this request at least 5 days before any hearing.

What Happens During HRO Hearings?

At HRO hearings, both sides get to present evidence, witness testimony, and arguments to a judge or referee. Petitioners go first. They may submit video and audio recordings, pictures, or call witnesses to support their allegations that harassment occurred. Respondent, or their attorney, may ask questions or cross-examine the Petitioner and any witnesses about their evidence and testimony.

Respondents go next. They may submit any of the same types of evidence as the Petitioner to show why harassment did not occur. Petitioner is allowed to cross-examine and question Respondent’s witnesses.

In the end, the judge must decide if there are reasonable grounds to believe that harassment did in fact occur. If so, the Court will issue an HRO.

What Do HROs Do And How Long Do They Last?

HROs will order the Respondent to stop whatever harassing behavior led to the petition. They will generally order the Respondent to cease all contact, whether direct or indirect, in person or online, with the Petitioner.

HROs are typically limited to 2 years max. However, in certain repeat cases, where multiple HROs have existed between the same parties or there are multiple prior violations of an HRO, the order may be extended up to 50 years.

Federal law may also prohibit the Respondent from possessing firearms if the HRO involved an “intimate partner” or their child under 18 U.S.C. § 922(g)(8).

What Happens If An HRO Is Violated?

If the Respondent knows that the HRO exists, it is a crime to violate it. Furthermore, if police have enough reason to suspect a violation, they must make an arrest. A violation of the HRO is a misdemeanor crime punishable by up to 90 days in jail.

Repeated violations are punished more severely, with a second-time violation being a gross misdemeanor crime punishable by up to 364 days in jail, and a third violation being a felony offense punishable by up to five years in prison.

Other prior convictions may enhance an HRO violation as well, such as having been convicted of violating a different HRO or committing domestic abuse within the past ten years.

An HRO violation may also be enhanced to a felony level if the violation is based on race, sex, or other protected characteristics or classes; if the violation occurs while possessing a dangerous weapon; if the violation is accomplished by falsely impersonating another; and if the protected person is under 18.

How Can My Attorney Defend Me Against An HRO?

The best defense will change depending on the unique circumstances of the case. Your attorney can help you assess and gather evidence as well as find and interview witnesses. Your attorney may also be able to help negotiate a mutually agreeable settlement without resorting to a court trial and without admitting guilty.

Otherwise, at a trial, your attorney could:

• Argue that the harassment did not occur, was provoked, or did not substantially affect the Petitioner’s safety, security, or privacy.
• Show the incident was an isolated event, not repeated behavior.
• Expose a motive to use the HRO for retaliation.
• Establish that the Respondent did not reasonably know any interaction was unwanted.

—

If you or someone you know needs help defending against or obtaining an HRO in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

Copyright © 2025 McKinney Defense PLLC. All rights reserved.

This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.