How a Harassment Restraining Order (HRO) Works in Minnesota

A Harassment Restraining Order (HRO) is a civil court order under Minn. Stat. § 609.748 that protects a person from harassment by anyone — no family or household relationship is required. The petitioner files a petition, a judge can issue an emergency (ex parte) order, and either side has 20 days from service to request a hearing, where the court decides whether there are reasonable grounds to believe harassment occurred. A final HRO usually lasts up to two years, and violating it is a crime. This page explains the entire process: what counts as harassment, what must be proven, the timelines, and how to respond if you've been served with one.

This is a deep-dive companion to our overview of OFPs and HROs in Minnesota. If a domestic relationship is involved, an Order for Protection may apply instead — see our guide to how an OFP works and our comparison of DANCO vs. OFP vs. HRO.

What an HRO Is — and How It Differs From an OFP

An HRO is a civil order aimed at stopping harassment. Its defining feature is that it requires no specific relationship between the parties — it can be sought against a neighbor, coworker, former friend, acquaintance, stranger, or someone harassing another person online. That is the key difference from an Order for Protection (OFP), which requires a domestic "family or household member" relationship. Like an OFP, an HRO is civil, but violating it is a crime.

What Counts as "Harassment"

Under § 609.748, harassment generally means either:

• A single incident of physical or sexual assault, or certain conduct involving the non-consensual sharing of private sexual images or using someone's personal information to solicit others; or
• Repeated intrusive or unwanted acts, words, or gestures that have a substantial adverse effect (or are intended to have one) on another person's safety, security, or privacy.

This can cover things like repeated unwanted contact, following someone, or a pattern of showing up where the person is after being told the presence is unwanted. A single ordinary unpleasant interaction usually is not enough — the law targets assault, specified serious acts, or a pattern.

Who Can Seek an HRO

Any person who is a victim of harassment can petition for an HRO. A parent, guardian, conservator, or stepparent can seek one on behalf of a minor, and an emancipated minor may be able to file on their own behalf. There are no residency requirements, and the petition can generally be filed where either party lives or where the harassment occurred. If the alleged harasser is an organization, the order can apply to its members.

What the Petitioner Must Prove

The legal question at the hearing is whether there are reasonable grounds to believe the respondent has engaged in harassment as the statute defines it. This is a civil matter — there is no "beyond a reasonable doubt" requirement, and a judge (or referee), not a jury, decides. The petitioner supports the petition with a sworn affidavit setting out specific facts.

Step 1: The Petition

The process starts with a petition and sworn affidavit alleging facts sufficient to show harassment, with specifics about what happened and when. If the petition is based on a single incident, it must also state that there is an immediate and present danger of further harassment before the court can issue a temporary order. Filing fees may be waived in cases involving certain alleged conduct (such as assault or specified sexual offenses).

Step 2: The Ex Parte (Temporary) Order

A judge can issue a temporary ex parte HRO — without the respondent present — if the court finds reasonable grounds to believe harassment occurred (and, for single-incident petitions, an immediate and present danger). A temporary HRO stays in effect until a hearing is held on whether a final order should issue.

Step 3: Service and the 20-Day Hearing Window

The respondent must be served with the petition (in some cases a peace officer can use a short-form notification in lieu of full personal service). A crucial deadline applies: a request for a hearing must be made within 20 days of service of the petition. Either the petitioner or the respondent can request the hearing. If you've been served and want to contest the order, missing this 20-day window can cost you the chance to be heard, so this date matters.

Step 4: The Hearing

At the hearing, both sides can testify and present evidence and witnesses. The court decides whether there are reasonable grounds to believe the respondent engaged in harassment. If a referee presides, the order becomes effective on the referee's signature. There is no jury. Because the standard is "reasonable grounds," HRO hearings can move quickly and the evidence threshold is lower than in a criminal case — which is why preparation and, ideally, counsel matter.

Step 5: The Final Order, Duration, and Relief

If granted, a final HRO commonly orders the respondent to stop the harassment and to stay away from the petitioner — often including the petitioner's home and workplace, and frequently a set distance. As for duration:

• Up to two years in most cases.
• Up to 50 years if the court finds the petitioner has had two or more previous restraining orders against the same respondent, or the respondent has violated a prior or existing restraining order on two or more occasions.

For a long (up to 50-year) order, the respondent can later ask the court to vacate or modify it if it has been in effect at least five years and they have not violated it — but at that hearing the respondent bears the burden of proving, by a preponderance of the evidence, a material change in circumstances such that the original reasons no longer apply and are unlikely to recur.

An Important Point About "No Contact"

An HRO restrains the respondent, not the petitioner. The court does not have jurisdiction over the petitioner, so the petitioner is not barred from contacting or being near the respondent — but the respondent must stay away and not respond. That means replying to the petitioner's texts, continuing a call the petitioner started, or remaining at a location where the petitioner appears can all create a violation. The safest course for a respondent is no contact and no response, period.

If You've Been Served With an HRO: How to Respond

• Obey the order completely from the moment you're served. Violating an HRO is a crime, even if the petitioner initiates contact.
• Calendar the 20-day deadline to request a hearing if you want to contest it.
• Do not contact the petitioner to explain or resolve things. Use the court.
• Gather your evidence — messages, context, witnesses — that bear on whether "harassment" as defined actually occurred.
• Get a lawyer. Because the standard is "reasonable grounds" and the consequences (record, stay-away terms, possible firearm effects, and criminal exposure for any violation) are real, representation can make a meaningful difference.

Why an HRO Is Serious

Like an OFP, an HRO is civil but consequential. It creates a court record, imposes stay-away and no-contact restrictions, can affect firearm rights, and turns any future contact into potential criminal exposure. If the same facts could also lead to criminal harassment or stalking charges, the matters interact and should be handled with that overlap in mind. (See our overview of protective and harassment orders and our comparison of DANCO vs. OFP vs. HRO.)

Key Terms

• HRO: Harassment Restraining Order under Minn. Stat. § 609.748.
• Harassment: A single assault or specified act, or repeated intrusive/unwanted acts with a substantial adverse effect.
• Reasonable grounds to believe: The standard the court applies to issue an HRO.
• Ex parte order: A temporary order issued without the respondent present.
• 20-day window: The deadline to request a hearing after being served.
• Respondent: The person the HRO restrains.

Frequently Asked Questions

How does a Harassment Restraining Order work in Minnesota?

A petitioner files a petition alleging harassment under § 609.748. A judge can issue an emergency ex parte order, the respondent is served, and either side has 20 days from service to request a hearing, where the court decides whether there are reasonable grounds to believe harassment occurred. A final HRO usually lasts up to two years, and violating it is a crime.

What counts as harassment for an HRO?

Either a single incident of physical or sexual assault (or certain specified acts, like non-consensual sharing of private sexual images), or repeated intrusive or unwanted acts, words, or gestures that have, or are intended to have, a substantial adverse effect on another person's safety, security, or privacy.

What does the petitioner have to prove for an HRO?

That there are reasonable grounds to believe the respondent engaged in harassment as the statute defines it. It is a civil standard decided by a judge or referee — there is no "beyond a reasonable doubt" and no jury.

How long does an HRO last in Minnesota?

Usually up to two years. It can last up to 50 years if the court finds the petitioner has had two or more prior restraining orders against the same respondent, or the respondent has violated a prior or existing order on two or more occasions.

Do I need a relationship with the person to get an HRO?

No. Unlike an OFP, an HRO requires no family or household relationship. It can be sought against a neighbor, coworker, acquaintance, stranger, or online harasser.

What should I do if I've been served with an HRO?

Obey it completely, do not contact the petitioner, and request a hearing within 20 days of service if you want to contest it. Gather any evidence about whether "harassment" actually occurred, and get a lawyer — the "reasonable grounds" standard is low and the consequences are real.

Updated May 18, 2026 · Law verified as of May 31, 2026. This article is general information about Minnesota law, not legal advice.