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Harassment Restraining Order
St. Paul Harassment Restraining Order Lawyers
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If a person, regardless of their relationship with you, claims that you have harassed and might continue to harass them, they could seek a harassment restraining order against you. The order will prevent you from harassing or contacting the person who filed the petition (referred to as the petitioner). Although harassment restraining orders are issued in civil court, a violation is a criminal matter and can result in severe penalties, such as imprisonment and/or fines. Additionally, if you're convicted of a violation, you will have a misdemeanor or felony mark on your criminal record, which could present hurdles in your life, such as making it challenging to get a job or find a place to live.
If you've been served with a harassment restraining order petition, being subject to the order is not your only option. You can and should fight back against the allegations to protect your rights and freedoms. Our St. Paul harassment restraining order attorneys are ready to provide the aggressive defense and zealous advocacy you need. With over 80 years of combined experience and having handled tens of thousands of cases, we know how to build effective legal strategies and compelling arguments to present at court. We will work hard for you and will seek a favorable result on your behalf.
Discuss your case and legal options with us by calling (651) 413-9004 today.
What Constitutes Harassment in Minnesota?
Under Minnesota law, if a person claims an individual or organization is harassing them, they can seek relief from future harm by petitioning for a court order. The petitioner must state that the individual has engaged in harassment against them and detail the circumstances for which they are seeking relief.
Harassment means a person or organization engaged in any of the following:
- Single incident of:
- Physical or sexual assault
- Sharing private sexual images without permission
- Repeatedly using unwanted acts, words, or gestures that may have substantial adverse effects on the alleged victim
- Picketing in front of an alleged victim's residence
- Continuing to attend events after the individual was told that their presence was harassing another
Temporary and Final Harassment Restraining Orders in MN
When a person petitions for a harassment restraining order, the court may issue a temporary restraining order. This type of relief is granted when the judge has a reasonable belief that the petitioner is in immediate and present danger of continued harassment. A temporary restraining order is good until a hearing is held for consideration of a final restraining order.
If you were notified that a temporary harassment restraining order was issued in your name, you can and should request a hearing to contest it. Our St. Paul harassment restraining order attorneys can help you understand your rights and the process for challenging the accusations made against you.
During a hearing for a final harassment restraining order, you may deliver your side of the story and evidence supporting your assertions that the order is unnecessary. It's crucial that you present a compelling case, as the outcome determines whether or not the judge approves the petitioner's request. Rogosheske, Rogosheske & Atkins, PLLC, can effectively guide you through this part of the process.
Generally, if a full harassment restraining order is issued, it's in effect for 2 years. However, if you had 2 previous orders in your name from the same petitioner or you violated a restraining order 2 or more times, the order can last for up to 80 years.
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What Happens If I Violate a Harassment Restraining Order in MN?
If you fail to abide by the conditions of a harassment restraining order, you could face criminal charges.
A violation is punishable as follows:
- A misdemeanor charge resulting in up to 90 days of imprisonment and/or a fine of up to $1,000.
- A gross misdemeanor charge for a violation that occurred within 10 years of a previous domestic abuse-related offense. The conviction penalties include up to 1 year of imprisonment and/or a fine of up to $3,000.
- A felony if the violation occurred:
- Within 10 years of 2 or more previous domestic abuse-related convictions;
- Because of the alleged victim's actual or perceived status in a protected class;
- By false impersonation;
- With the possession of a dangerous weapon
- Because the alleged actor wanted to influence a juror or court proceedings
- Against someone under 18 years of age (if the alleged actor was 3 years older than the individual)
Speak with Our Firm Today
If you've been subject to a harassment restraining order or accused of violating one, get the defense you need from our St. Paul lawyers at Rogosheske, Rogosheske & Atkins, PLLC. We are well-respected and well-known in the legal community, and we know how to navigate these types of matters.
We're ready to fight for you. Contact us at (651) 413-9004to get started.
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