Frequently Asked Questions
HROs & OFPs

1. What is the difference between a Harassment Restraining Order (HRO) and an Order for Protection (OFP) in Minnesota?

In Minnesota, both Harassment Restraining Orders (HRO) and Orders for Protection (OFP) are legal orders that can protect individuals from unwanted contact or threats, but they serve different purposes and are issued in different circumstances:

Harassment Restraining Order (HRO): This order is typically used in cases where there has been harassment (e.g., stalking, repeated phone calls, or threatening behavior) but does not require a domestic relationship between the parties. An HRO can be sought by any individual who has experienced harassment, regardless of whether the person is a family member or someone they were previously involved with.
Order for Protection (OFP): This order is specifically for individuals who are in a domestic relationship with the alleged abuser, such as a spouse, partner, or family member. An OFP is typically sought in cases involving domestic abuse, including physical violence, threats, or stalking within a domestic relationship.

The key distinction is that an OFP requires a domestic relationship, while an HRO does not.

2. How do I get a Harassment Restraining Order (HRO) or Order for Protection (OFP) in Minnesota?

To obtain an HRO or OFP in Minnesota, you must follow a legal process, which includes the following steps:

File a Petition: You must file a petition with the court. The petition will describe the nature of the harassment or abuse, including specific incidents and any evidence you may have (e.g., text messages, emails, police reports, medical records).
Temporary Order: If the court finds your petition has merit, they may issue a temporary order that provides immediate protection (e.g., prohibiting the respondent from contacting you). This order will remain in effect until a hearing can be scheduled.
Hearing: A court hearing will be scheduled, usually within 14 to 21 days after the temporary order is issued. At the hearing, both parties will have the opportunity to present evidence. If the court finds that harassment or abuse occurred, it may issue a permanent order that can last up to two years or more.

You can file a petition for an OFP or HRO at any county courthouse in Minnesota.

3. What happens if a Harassment Restraining Order (HRO) or Order for Protection (OFP) is granted?

If a Harassment Restraining Order (HRO) or Order for Protection (OFP) is granted, the court will issue an order that places certain restrictions on the person you are seeking protection from. These restrictions may include:

No Contact: The respondent is prohibited from contacting you, either directly or indirectly (e.g., through a third party).
No Physical Presence: The respondent may be required to stay a certain distance away from your home, workplace, or other locations where you frequent.
Surrender of Firearms: In cases involving domestic violence or stalking, the respondent may be ordered to surrender any firearms or weapons to law enforcement.
Temporary Custody: If the order involves children, the court may award temporary custody or visitation arrangements that ensure the safety of the children.

The order is legally binding, and any violation of the order can result in criminal charges against the respondent. Violating a restraining order may result in contempt of court charges or criminal penalties.

4. Can the person I have an HRO or OFP against contact me or come near me?

No, if the court grants an HRO or OFP, the respondent is legally prohibited from contacting you or coming near you. The terms of the order will outline the specific restrictions, which may include:

Prohibiting phone calls, text messages, emails, or social media contact.
Requiring the respondent to stay a specified distance away from your home, workplace, or school.
In some cases, prohibiting the respondent from contacting your family members, friends, or coworkers.

If the person violates the order, they can be arrested and charged with contempt of court or even face criminal charges, such as harassment or stalking. It’s important to report any violations to law enforcement immediately.

5. Can I get an HRO or OFP if the person has not physically harmed me?

Yes, you can still get an HRO or OFP even if the person has not physically harmed you. Both types of orders can be issued based on a range of behaviors that create fear, intimidation, or emotional distress. For example:

Harassment Restraining Order (HRO): You don’t need to show physical harm. You can get an HRO if you have experienced repeated harassment (e.g., unwanted communications, threats, stalking behavior, or any actions that cause you emotional distress).
Order for Protection (OFP): An OFP can be granted if there has been domestic abuse, which may include not just physical violence, but also threats of violence, psychological abuse, or any behavior that places you in fear of harm. The law also allows for an OFP based on stalking or patterns of abusive behavior.

If you fear for your safety, even without physical harm, you may still be eligible for protection through the legal system.

6. Can an HRO or OFP be modified or dismissed?

Yes, both Harassment Restraining Orders (HRO) and Orders for Protection (OFP) can be modified or dismissed under certain circumstances.

Modification: Either party may request the court to change the terms of the order, such as allowing limited contact or changing custody arrangements. However, the court will need to find a valid reason to modify the order based on new evidence or changed circumstances.
Dismissal: If you no longer wish to pursue the order or if the circumstances have changed (e.g., the respondent has stopped harassing or abusing you), you can request the court to dismiss the order. However, the court will still review the situation to ensure that dismissal is appropriate, especially in cases of ongoing abuse or harassment.

If the respondent wishes to modify or dismiss the order, they must file a motion with the court, and a hearing will be held.

7. What happens if the person I have an HRO or OFP against violates the order?

If the person you have an HRO or OFP against violates the terms of the order, you should immediately contact law enforcement. Violating an HRO or OFP can result in serious legal consequences for the respondent, including:

Arrest: Law enforcement can arrest the person if they violate the order, especially if they come near you or attempt to contact you.
Contempt of Court: A violation may result in a contempt of court charge, which can lead to fines or imprisonment.
Criminal Charges: In cases of severe violations, such as physical threats or stalking, the violator may face criminal charges for harassment, stalking, or domestic violence.

It’s important to keep a record of violations (e.g., texts, emails, or witness statements) and report them promptly to ensure your safety and the enforcement of the order.

Disclaimer:

The information provided on this website is for general informational purposes only and is not intended as legal advice. Viewing or reading the content on this site does not create an attorney-client relationship. If you need legal advice or representation, please contact an attorney directly.

Frequently Asked Questions HROs & OFPs