Served with an HRO? A Minnesota Defense Lawyer Explains the Process, Your Rights, and How to Defend Yourself
The papers may have been served by a sheriff’s deputy at your home or workplace. They are official, they are intimidating, and they are filled with accusations that paint you as a threat. You’ve just been served with a Petition for a Harassment Restraining Order (HRO), and you likely feel a mix of shock, anger, and confusion. The person who filed it—the “petitioner”—has told a one-sided story to a judge, and without hearing your side, the court may have already issued a temporary order demanding that you cease all contact and stay away. Your world has been turned upside down by what you know is a misunderstanding, an exaggeration, or an outright lie.
You need to understand this: a Harassment Restraining Order is a powerful legal weapon. It is not “just a piece of paper.” It is a court order that can strip you of your fundamental rights, damage your reputation, and serve as a tripwire for serious criminal charges. If you have been served with an HRO petition in Minneapolis, St. Paul, Rochester, Duluth, or anywhere else in Minnesota, you are facing a critical legal battle. As a criminal defense attorney who has fought for the rights of the accused across this state, from the Twin Cities to the Iron Range, I have seen how these orders are used—and abused. You do not have to be a victim of this process. You have the right to fight back, and this is a fight you cannot afford to lose.
What “Harassment” Actually Means Under Minnesota Law
The legal definition of “harassment” that applies to an HRO is far broader and more subjective than most people realize. It is not limited to threats of violence. The petitioner can get an HRO based on a wide range of conduct, and the law gives judges significant discretion. It is this vague language that often allows personal disputes, bitter breakups, and neighborhood disagreements to escalate into a formal court proceeding, putting your freedom and your rights on the line.
Under Minnesota Statute § 609.748, “harassment” includes several categories of conduct. It can be based on a single incident of physical or sexual assault, or the nonconsensual sharing of private sexual images. More commonly, however, an HRO petition is based on alleged “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.” This “substantial adverse effect” standard is the key. It is a subjective test that focuses on the alleged victim’s feelings, making it ripe for abuse by petitioners who are hypersensitive or motivated by revenge. Facing a Minnesota HRO accusation means you must be prepared to challenge not just what you did, but how the other person reacted.
The Law Behind the Order: Minnesota Statute § 609.748
The entire legal process you are now caught in is governed by a single, lengthy, and complex statute: Minnesota Statutes § 609.748. This law outlines everything from the definition of harassment to the procedures for hearings and the severe criminal penalties for violating an order. Understanding the law is the first step in dismantling the case against you. Below is the text of the statute, which serves as the rulebook for your case. Its complexity alone demonstrates why you need a knowledgeable legal advocate in your corner.
(Due to the extensive length of the full statute, a summary of key provisions is provided below to fit the format, with the understanding that the full text is referenced in the prompt.)
609.748 HARASSMENT; RESTRAINING ORDER.
Subdivision 1. Definition. Defines “harassment” to include single incidents of assault or nonconsensual dissemination of private images, but also “repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect” on another’s safety, security, or privacy. It also includes targeted residential picketing and a pattern of attending public events after being told one’s presence is harassing.
Subd. 2-3. Court Process. Allows a victim to petition the district court for an HRO. The petition must state specific facts under oath. The court provides forms and assistance. A hearing can be requested by either party.
Subd. 4. Temporary Restraining Order. The court can issue a temporary (ex parte) HRO without the respondent being present or notified if the petition alleges an immediate danger of harassment. This temporary order can demand the respondent cease harassment and have no contact with the petitioner.
Subd. 5. Final Restraining Order. After a hearing where the court finds “reasonable grounds to believe that the respondent has engaged in harassment,” a final HRO can be issued. This order is typically for a fixed period of up to two years. However, if there are prior orders or violations, the court can issue an HRO for up to 50 years.
Subd. 6. Violation of Restraining Order. This is the critical section that turns a civil matter into a criminal one.
- (b) A knowing violation of an HRO is a misdemeanor.
- (c) A violation is a gross misdemeanor if it occurs within 10 years of a previous qualified domestic violence-related conviction.
- (d) A violation is a felony (up to 5 years in prison) if it occurs within 10 years of two or more priors, is bias-motivated, involves a weapon, is against a minor, or is done to retaliate against a judicial official, among other reasons.
Subd. 8. Notice. The HRO must contain a conspicuous notice of the conduct prohibited and the criminal penalties for a violation.
Deconstructing the Case Against You: What the Petitioner Must Prove
At the HRO hearing, the person who filed the petition has the “burden of proof.” This means they can’t just make accusations; they must present actual evidence to a judge to prove their case. The standard of proof is “reasonable grounds to believe” harassment occurred, which is lower than the “beyond a reasonable doubt” standard in a criminal trial, but it is not a rubber stamp. My job is to hold the petitioner to their burden and show the judge where their evidence falls short.
- Specific Acts of Harassment: The petitioner must prove that you committed specific acts that meet the legal definition of harassment. They can’t just say you were “creepy” or “bothered them.” They need to provide evidence of repeated, unwanted calls, texts, gestures, or other intrusive actions. We will challenge the credibility of their evidence and provide context that they conveniently left out of their petition.
- Substantial Adverse Effect: This is the most subjective and important element. The petitioner must demonstrate that your alleged actions had a “substantial adverse effect” on their safety, security, or privacy. It’s not enough for them to be merely annoyed or uncomfortable. We will argue that their reaction was unreasonable, that they are hypersensitive, or that the effect of any contact was minor, not substantial.
- A Basis for the Order: Ultimately, the petitioner must convince a judge that a restraining order is necessary to protect them from future harassment. We will argue that no such threat exists, that the conflict is over, and that issuing a restrictive court order is an unnecessary and extreme measure that will unfairly punish you. We will show that the petitioner is using the HRO not as a shield, but as a sword.
The Two Fronts You’re Fighting: The Civil HRO and Criminal Violation Penalties
You are facing a battle on two critical fronts. First is the civil HRO hearing itself, where the goal is to prevent a final order from being issued. Second, and even more serious, are the potential criminal charges you will face if a final HRO is issued and you are accused of violating it. It is essential to win the first battle to avoid ever having to fight the second.
The Civil Harassment Restraining Order (HRO)
If a judge issues a final HRO against you, it will impose severe restrictions on your freedom for up to two years—or, in some cases, up to 50 years. The order will likely include:
- A No-Contact Provision, prohibiting you from having any contact with the petitioner, directly or indirectly. This includes calls, texts, emails, social media, or passing messages through third parties.
- Stay-Away Orders, requiring you to stay a certain distance from the petitioner’s home, workplace, or school.
- A Federal Firearms Ban, making it a federal crime for you to possess or purchase any firearm or ammunition for the duration of the order.
Criminal Penalties for Violating the Order
Once an HRO is in place, any violation, no matter how minor, can lead to your immediate arrest and new criminal charges. The penalties escalate dramatically based on your record:
- Misdemeanor: A first-time, knowing violation is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.
- Gross Misdemeanor: If you violate the HRO and have a prior domestic violence-related conviction within the last 10 years, the charge becomes a gross misdemeanor, with penalties of up to 364 days in jail and a $3,000 fine.
- Felony: A violation can become a felony, punishable by up to five years in prison and a $10,000 fine, if you have two or more prior domestic violence convictions, use a weapon, or commit the violation for retaliatory or bias-motivated reasons.
HROs in the Real World: Common Scenarios in Minnesota
The sterile language of the law doesn’t capture the messy reality of how HROs are used in everyday life. These orders often arise from the ashes of failed relationships, neighborhood squabbles, or workplace friction. The person filing the petition knows they can get a temporary order based solely on their own sworn statement, giving them tremendous leverage.
The Breakup Gone Wrong in Minneapolis
Your romantic relationship ended badly. In the days that followed, you sent a series of emotional text messages and emails asking for another chance or for your property back. You may have even driven by their apartment in Uptown. Your ex, motivated by anger or a desire to “win” the breakup, takes those messages to the Hennepin County courthouse and files a petition, framing your attempts at communication as a terrifying campaign of harassment.
The Neighborhood Dispute in Rochester
You and your neighbor in a Rochester suburb have been feuding for months over a property line, a barking dog, or parking spaces. The arguments have gotten heated, with angry words exchanged on both sides. Your neighbor decides to escalate the conflict by filing for an HRO, claiming your actions have had a “substantial adverse effect” on their sense of security in their own home, conveniently leaving out their own role in the conflict.
The Workplace Conflict in St. Paul
You had a professional disagreement with a coworker in your St. Paul office. The conflict became tense, and you both said things you regret. Now, that coworker is trying to gain an advantage in the workplace by filing for an HRO, alleging that your “intrusive” words have created a hostile environment and made them feel unsafe at work. They are using the court system to resolve a human resources issue.
The Misunderstood Social Media Posts in a Bloomington Suburb
You made comments on a public social media page about a local issue or a person in your Bloomington community. Someone took offense to your posts, engaged you in a heated online debate, and then blocked you. Now, they have filed for an HRO, claiming your public posts constitute a pattern of harassment directed at them, twisting your exercise of free speech into a legal threat.
Your Day in Court: How to Fight the Harassment Restraining Order
The HRO hearing is your one and only opportunity to tell your side of the story, present evidence, and prevent a final order from being issued. Walking into that courtroom unprepared is a catastrophic mistake. The petitioner will be there, ready to testify under oath about how you have allegedly terrorized them. You must be equally prepared to dismantle their narrative and expose the truth. A successful defense requires a strategic, evidence-based approach that attacks the weak points in the petitioner’s case.
My entire focus at this hearing is to show the judge that the petitioner has not met their legal burden. We will do this by questioning their credibility, providing crucial context they omitted, and demonstrating that a restrictive court order is both unnecessary and unjust. This is not just a conversation with a judge; it is a formal evidentiary hearing where the rules of procedure matter. Your freedom is on the line, and we will mount the strongest defense possible.
Challenging the “Substantial Adverse Effect”
The petitioner must prove more than mere annoyance. They must prove a substantial negative impact on their life. This is a highly subjective standard and a prime area for attack.
- Unreasonable Reaction: We will argue that the petitioner’s reaction to your conduct was unreasonable and that a person of ordinary sensibilities would not have had their safety, security, or privacy substantially affected. We can show that they are being hypersensitive to normal, albeit unwanted, communication.
- Lack of Evidence: Often, a petitioner will claim to be terrified but will have no evidence to back it up. We will point out that they did not change their locks, did not change their routines, and continued to engage in public activities, all of which undermines their claim of being substantially affected.
The Contact Was Not Unwanted or Intrusive
Context is everything. The petitioner will present your actions in the most negative light possible. We will provide the rest of the story.
- Mutual Communication: We can use text messages and emails to show that the communication was a two-way street right up until the HRO was filed. If the petitioner was willingly engaging with you, it is much harder for them to now claim the contact was entirely unwanted.
- Legitimate Purpose: We can demonstrate that your contact was for a legitimate purpose, such as arranging for the return of property, discussing a shared financial issue, or co-parenting. This refutes the claim that the contact was solely for the purpose of harassment.
It’s a First Amendment Issue
When an HRO is based on spoken words or online posts, it can run afoul of your constitutional right to free speech.
- Protected Speech: The First Amendment protects a wide range of speech, even if it is offensive or unpopular. We will argue that your words did not constitute a “true threat” and are constitutionally protected, meaning the government cannot restrain you from speaking.
- Public vs. Private: If your statements were made in a public forum and not directed at the petitioner in an intrusive way, we can argue that they cannot use an HRO to silence you or punish you for expressing your opinion on a matter of public interest.
The Petitioner is Lying or Motivated by Revenge
Sometimes, the only defense is to directly attack the petitioner’s credibility and expose their true motivations for filing the HRO.
- Ulterior Motives: We can present evidence that the petitioner is filing the HRO to gain leverage in another legal dispute, such as a divorce or child custody case. A judge will be very skeptical of a petition that appears to be a litigation tactic rather than a genuine plea for safety.
- Contradictory Evidence: We will use the petitioner’s own words—in texts, emails, and social media posts—to contradict their sworn testimony. By catching them in lies or significant exaggerations, we can destroy their credibility in the eyes of the court.
Minnesota HRO FAQs: Your Questions Answered
Will an HRO show up on a criminal background check?
An HRO is a civil court record, so it will not appear on a standard criminal background check. However, it is a public record. A thorough background check, especially for sensitive jobs or professional licenses, can easily uncover the existence of the HRO. A violation of the HRO, however, is a criminal offense and will absolutely show up.
If an HRO is issued, can I still own my guns?
No. Under federal law, if you are subject to a final Harassment Restraining Order, you are prohibited from possessing or purchasing firearms and ammunition for the duration of the order. You will be required to turn over any firearms you currently own. This is one of the most severe and immediate consequences of an HRO.
What legally counts as “contact”?
“Contact” is defined very broadly. It includes phone calls, text messages, emails, letters, and any communication through social media (including “liking” or commenting on posts). It also includes indirect contact, such as asking a friend or family member to pass a message along to the petitioner. Any of these can be a violation.
What if the petitioner contacts me first?
This is a common trap. If there is a no-contact order in place, you must not respond, no matter what they say. The order legally restrains your conduct, not theirs. If they contact you, you should save the evidence and immediately inform your attorney, but do not reply to them under any circumstances. A reply could be seen as a violation.
Do I really need a lawyer for an HRO hearing in a city like Eagan or Maple Grove?
Yes. An HRO hearing is a formal court proceeding with life-altering consequences. The petitioner will be telling their story, and you need a skilled advocate to cross-examine them, present your evidence according to the rules, and make persuasive legal arguments to the judge. Going in alone is a massive and unnecessary risk.
How long does an HRO last in Minnesota?
A temporary HRO lasts only until the final hearing. A final HRO is issued for a fixed period, typically up to two years. However, the law allows a judge to issue an HRO for up to 50 years if you have prior orders against you or have violated past orders.
Can an HRO be dismissed before the hearing?
It is possible. In some cases, an attorney can negotiate with the petitioner or their attorney, convincing them to voluntarily dismiss the petition, often in exchange for a mutual agreement to have no contact. This avoids a public hearing and a formal court finding.
What happens if I don’t show up for the HRO hearing?
If you do not appear at the hearing, the judge will likely grant the final HRO to the petitioner by default. The judge will hear only their side of the story and will issue the order against you. Your failure to appear is treated as a forfeiture of your right to defend yourself.
Is there a filing fee to get an HRO?
The filing fees are often waived for the petitioner, especially if the petition alleges acts that would also constitute stalking or domestic abuse. This makes it very easy for someone to file an HRO against you at little to no cost to them.
Can I file an HRO against the person who filed one against me?
You can, but it must be based on their own separate acts of harassment against you. Filing a counter-petition simply for revenge is not a good strategy. It is better to focus on defeating the petition filed against you.
What evidence should I bring to my hearing?
You should bring any evidence that contradicts the petitioner’s claims or provides important context. This includes text messages, emails, social media records, voicemails, photos, and a list of any witnesses who can testify on your behalf about the events or the petitioner’s character and motivations.
Can I get an HRO removed or modified later?
If a standard two-year HRO is issued, you must wait for it to expire. If a long-term (up to 50-year) HRO is issued, the law allows you to petition the court to modify or vacate it after it has been in effect for at least five years, but you have the difficult burden of proving circumstances have materially changed.
The petition against me is full of lies. Isn’t that perjury?
Lying under oath is perjury, which is a crime. However, prosecutors very rarely charge petitioners with perjury in HRO cases. The practical way to deal with their lies is to expose them on the witness stand during cross-examination to destroy their credibility with the judge.
Can an HRO affect my child custody case?
Absolutely. The existence of an HRO can be used as powerful evidence against you in a family court case. The other parent will argue that if a judge found you to be harassing, you are a potential danger to the children or, at a minimum, that you cannot co-parent effectively.
I was just served with a temporary HRO. What should I do right now?
First, read the order carefully and obey every single condition, especially the no-contact provision. Second, immediately contact an experienced criminal defense attorney. Do not talk to the petitioner or any of their friends or family. Your first and only call should be to a lawyer.
Life Under an HRO: The Long-Term Consequences
If a final Harassment Restraining Order is issued against you, the impact extends far beyond the courtroom. It creates a new reality where you must live in constant fear of making a mistake. It is a permanent public record that can limit your opportunities and a legal stumbling block that can complicate every other aspect of your life.
The Immediate Loss of Your Second Amendment Rights
This is one of the most severe and immediate consequences. The moment a judge signs a final HRO, you become a “prohibited person” under federal law. You cannot legally own, possess, or purchase a firearm or ammunition. You will be ordered to surrender any guns you have. A violation of this federal law is a felony, entirely separate from any state-level charges for violating the HRO itself.
The Permanent Stain on Your Public Record
While an HRO is a civil order, it is part of the public record. Anyone can go to the courthouse or search online court records and see that a judge found you committed harassment. This can be devastating for your career and reputation. It can show up on in-depth background checks for employment, professional licenses, and even volunteer positions, forcing you to explain a very ugly situation over and over again.
A Powerful Weapon in Family Court
In divorce and child custody cases, an HRO is a game-changer. The opposing party will use the HRO as Exhibit A to argue that you are unstable, angry, and incapable of co-parenting. A judge in family court is likely to be heavily influenced by another judge’s finding that you engaged in harassment, which can lead to you losing custody or being granted only supervised parenting time.
Living in Constant Fear of a Violation
Life under an HRO is a life of walking on eggshells. An accidental phone call, a reply to a text message sent by the petitioner, or even being in the same grocery store at the same time could be construed as a violation, leading to your arrest. You live with the constant anxiety that a false or mistaken allegation by the petitioner could land you in jail and facing new criminal charges.
Why You Cannot Afford to Face an HRO Hearing Alone
When you walk into an HRO hearing, you are entering a legal arena where the rules are complex and the stakes are incredibly high. The petitioner has already presented a compelling, one-sided story to the court. You cannot combat this with emotion or by simply telling the judge “it’s not true.” You need a skilled legal advocate to level the playing field and fight for you.
The System is Stacked Against You at the Start
The entire HRO process begins with an ex parte order—an order granted based on hearing only one side of the story. The deck is already stacked against you. The judge has read the petitioner’s sworn affidavit and has already been convinced that there is at least some merit to their claims. Your attorney’s job is to overcome that initial bias by presenting a powerful, evidence-based case that exposes the flaws in the petition and restores balance to the proceeding.
The Rules of Evidence and Procedure Are Crucial
An HRO hearing is not an informal chat. It is a formal court proceeding governed by rules of evidence and civil procedure. You need someone who knows how to make proper legal objections, how to cross-examine the petitioner to expose inconsistencies and lies, and how to introduce your own evidence (like text messages and emails) in a way the court will accept. Without this knowledge, your most important evidence may be excluded, and your defense could crumble.
The Power to Negotiate a Better Outcome
Sometimes, the best victory is one achieved without a fight. In many cases, I can negotiate with the petitioner or their attorney before the hearing. We may be able to reach a “continuance for dismissal” or a private agreement for no contact that results in the petitioner dismissing their HRO petition. This avoids a public hearing and prevents a judge from ever making a formal finding of harassment against you, protecting your record completely.
Preventing a Civil Problem from Becoming a Criminal Nightmare
This is the ultimate reason to hire an experienced attorney. Winning the HRO hearing is about more than just avoiding the civil order. It is about preventing the criminal nightmare that follows a violation. By defeating the HRO at the outset, we eliminate the tripwire. You will never have to worry about being arrested for an accidental text or a false accusation because there will be no order to violate. Investing in a strong defense for the civil hearing is the single best way to protect yourself from future criminal charges.