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Harassment Restraining Orders in Minnesota

In cases where you need protection from contact from your significant other, but are unable to prove domestic abuse, the Petition for a Harassment Restraining Order is a useful tool, because it is much easier to prove than domestic abuse.

A Harassment Restraining Order (HRO) can be obtained by proving: "a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target."

Unlike an Order for Protection, and Harassment Restraining Order cannot award temporary child custody or support, but it can order no contact from the Respondent.

As with an Order for Protection, the Harassment Restraining Order is subject to abuse. If you are accused of harassment, you have the right to an evidentiary hearing to defend against that. Having an attorney is crucial in these proceedings.

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.


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Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
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