I need a restraining order against an ex girlfriend. Over a…

Thank you.

Because your girlfriend is the one being harassed, she would have to be the one requesting the harassment restraining order.

Read the law on harassment restraining orders at Minn. Stat. § 609.748.

From the Minnesota Courts website:

If you believe that someone is harassing you, you may ask the court for a Harassment Restraining Order. This order can help:

• prevent further harassment,
• order the Respondent not to contact you and your family at any time, and
• allow police to arrest the Respondent without a warrant for violations of the order.
  
  

You do not have to report the harassment to the police to ask for a court order. There may be a filing fee to start a harassment case, which may be waived under the law depending on the facts of your case or if you qualify based on a low income for a fee waiver (IFP). See Instructions – How to Apply for a Harassment Restraining Order.

If you start a case, you are called the “Petitioner” and the person who you believe is harassing you is called the “Respondent.”

Where to file?
You can start a Harassment case in the District Court of the county where:

• you or the Respondent lives, OR
• the harassment occurred;
  
  

Step 1: Complete your Petition for Harassment Restraining Order forms and file them in court in either the county where you or the Respondent lives, or in the county where the harassment happened.

You must write details in your petition form about how:

• the Respondent has physically or sexually assaulted you (only one incident is required); OR
• the Respondent used your personal information, without your consent, to invite, encourage, or solicit a third party to engage in a sexual act (only one incident is required); OR
• the Respondent shared private sexual images of your without your permission (only one incident is required); OR
• the Respondent has made repeated acts, words, or gestures, AND
• the actions have caused, or were intended to cause, substantial adverse effect upon your safety, security or privacy.

Step 2: A judge will review your forms and decide if a Harassment Restraining Order should be granted and whether a hearing will be required.

The judge will sign an order that does one of three things:

• Grant an Ex Parte Harassment Restraining Order - meaning that a temporary two-year order is granted without a hearing.
• Denial - meaning that a temporary order is not granted, but you may request a hearing to present your case to the judge. If you requested a hearing in your paperwork, one will be scheduled.
• Dismissal - meaning that the incident you described in your forms do not rise to the level of harassment. In order to re-file, there will need to be a new incident or incidents that you believe are harassment.
  
  

Step 3: If an Ex Parte Harassment Restraining Order was NOT granted, you or the Respondent may request a hearing within 20 days from when the petition was served. If an Ex Parte Harassment Restraining Order was granted the Respondent may request a hearing within 20 days from when the paperwork was served.

Download and print the Respondent's Harassment Forms Packet

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