If you find yourself being harassed by an ex-boyfriend, family member or classmate, you can file for a restraining order in Minnesota. Applying for a restraining order in Minnesota is pretty straightforward. First, you need to submit a petition that includes the following:
- The name of the alleged harassment victim;
- The name of the respondent; and
- That the respondent has engaged in harassment.
The petition shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. For example, if your ex continues to call or show up at your workplace, you need to detail those instances in the affidavit and explain what order you’d like to see imposed.
The court will then review the filed petition, and should they find cause, they may issue a temporary restraining order (TRO). The TRO may provide any of the following:
- An order that the respondent must stop a certain action or avoid harassing the petitioner; or
- An order that the respondent must have no contact with the petitioner.
Temporary Restraining Order Violations
Should a person violate a restraining order, they’ll typically be hit with a with a misdemeanor charge, which carries a potential sentence of up to 90 days in jail and $1,000 in fines. Should the respondent have previous domestic violation or TRO violations in the past, charges can quickly escalate.
For instance, if the person had a previous domestic violence conviction within the past ten years, a subsequent violation would be upgraded to a gross misdemeanor punishable by up to one year in jail and fines up to $3,000. Two or more domestic violence convictions within the past 10 years could result in a felony offense with penalties of up to five years in prison and $10,000 in fines.
Even if a person doesn’t have a previous record of domestic order violations, a person can still face felony charges should their restraining order incident involve:
- False imprisonment of the victim
- A violation against someone under 18-years-old, and the offender is at least three years older than the victim.
- An act that was committed because of the victim’s age, color, nationality, sex, sexual orientation, religion or disability.
Any all all person’s who are facing a TRO or a TRO charge should consider hiring an attorney, as the consequences for violating the order can be severe.
