Frequently Asked Questions

Restraining Orders FAQ

What is the process for obtaining a restraining order in Minnesota?

To obtain a restraining order, also known as an Order for Protection or Harassment Restraining Order, in Minnesota, you must file a petition with the court and demonstrate that you have been the victim of domestic abuse or harassment. The court will hold a hearing and may issue an order that prohibits the abuser from contacting or coming near you.

What is the difference between an Order for Protection and a Harassment Restraining Order?

An order for protection orders an abuser to stop abusing another person. These can be permanent or temporary. A harassment restraining order orders somebody to stop stalking or harassing another person. This can be somebody other than a spouse or family member.

Who qualifies for a restraining order in Minnesota?

Generally, victims of abuse, stalking, or harassment can apply for a restraining order in Minnesota.

How do I obtain a restraining order?

To obtain a restraining order, an individual typically needs to file a petition with the court outlining the reasons for seeking protection. The court will then review the petition and may issue a temporary restraining order if immediate protection is needed. A hearing will be scheduled where both parties can present their evidence and arguments. Hiring a lawyer to assist may simplify and speed up the process. Their knowledge and experience in these legal procedures can ensure your application is clear and convincing.

How long does a restraining order last in Minnesota?

In Minnesota, a restraining order can last up to 2 years. The courts may extend this period at their discretion if circumstances require it.

What are the consequences of violating a restraining order in Minnesota?

The penalties for violating a restraining order can vary. It can result in fines and/or imprisonment and/or extension of the restraining order.

Do I need a lawyer to get a restraining order in Minnesota?

While not required, having legal representation can be beneficial, especially if the case is complex or contested. Hiring a lawyer can greatly increase your chances of the restraining order being granted, especially if a court hearing is required. If there's a hearing, your lawyer will be there to argue your case and make sure your voice is heard.

Can I get a restraining order against someone who is not a family or household member?

Yes, if you are a victim of harassment or stalking in Minnesota, you can apply for a harassment restraining order to obtain protection.
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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Law Offices of Clarence Patterson III's legal team is licensed to practice law in Minnesota. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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