Frequently Asked Questions

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.

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.

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

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.

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

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

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.

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