Harassment/Restraining Orders, Orders for Protection & Domestic Abuse No Contact Orders (DANCOs)

Do you need a Restraining Order in Minnesota? Are you trying to defend against a restraining order someone else has issued against you?

There are many types of restraining orders in Minnesota, and Wilson & Clas has experience getting them imposed and getting them dismissed. Restraining orders can include HROs (Harassment Restraining Orders), OFPs (Orders for Protection), DANCOs (Domestic Abuse No Contact Orders), stay away orders, general orders for no contact, and more.

Wilson & Clas has successfully challenged the imposition of a variety of different types of restraining orders in greater Minnesota and within the Minneapolis/St. Paul metro area (Minneapolis, St. Paul, Eden Prairie, Richfield, Edina, Brooklyn Center, and more). The firm’s attorneys also have appellate litigation experience and have successfully appealed the imposition of restraining orders to the Minnesota Court of Appeals (convincing the Court of Appeals to reverse the imposition of a harassment restraining order issued by the district court). Wilson & Clas have also worked to successfully impose restraining orders against individuals within Minnesota and nationwide.

The Difference Between HROs, OFPs, DANCOs, and other restraining orders.

Each type of restraining order is slightly different, but the gist of them all are basically the same: Stay away from the protected party or you could, and likely will, be arrested and charged with a crime. Violating a restraining order is generally a criminal offense.

In addition to criminal consequences, violation of a restraining order is generally an enhanceable offense, meaning that if a person is found to have repeatedly violated the protective restraining order, the consequences are presumed to get worse and worse.

For those seeking restraining orders, they can be lifesaving, and for those against whom restraining orders are imposed, they can be devastating. In either situation, the key is to move quickly. There are often very short windows of time in which an individual can even request to challenge the imposition of a harassment restraining order. It’s critical to prepare quickly, and formulate a comprehensive and workable defense to the allegations of harassment.

Harassment Restraining Orders (HROs)

Harassment restraining orders are codified in Minn. Stat. § 609.748. A court may impose an HRO where the petitioner alleges that the respondent has engaged in harassment. The statute broadly defines “harassment” as:

“(1) a single incident of physical or sexual assault, a single incident of harassment under section 609.749, subdivision 2, clause (8), a single incident of nonconsensual dissemination of private sexual images under section 617.261, 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;

(2) targeted residential picketing; and

(3) a pattern of attending public events after being notified that the actor's presence at the event is harassing to another.

"Targeted residential picketing" includes the following acts when committed on more than one occasion: (1) marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or (2) marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.

If sufficient grounds are alleged in the Petitioner’s petition for an HRO, the court—without hearing the Respondent’s version of events—will typically imposed a temporary ex parte harassment restraining order and have that order served on the Respondent. The Respondent generally has 20 days to respond to the petition, and demand a hearing to contest the allegations. If the Respondent opts not to challenge the HRO, or loses the hearing, the Court may impose the restraining order for between 2 and 50 years depending on whether prior restraining orders have been imposed.

Penalties for violating an HRO:

Violation of an HRO is either (1) a misdemeanor punishable by imprisonment for up to 90 days or a fine of up to $1,000, or both, (2) a gross misdemeanor punishable by imprisonment for up to one year or a fine of up to $3,000, or both, or (3) a felony punishable by imprisonment for up to five years or a fine of up to $10,000, or both. This primarily but no exclusively depends on whether there have been prior violations of the HRO.

Note that a peace officer must arrest without warrant and take into custody a person if the peace officer has probable cause to believe the person has violated a restraining order.

ORDERS FOR PROTECTION (OFPs)

Orders for Protection are codified in Minnesota’s Domestic Abuse Act, Minn. Stat. § 518B.01 et seq. The primary difference between an OFP and an HRO is that OFP are more specifically targeted toward family or household members.

A petition for an OFP may be made by any family or household member personally or by a family or household member, a guardian as defined in section 524.1-210, clause (27), or, if the court finds that it is in the best interests of the minor, by a reputable adult age 25 or older on behalf of minor family or household members. A minor age 16 or older may also make a petition on the minor's own behalf against a spouse or former spouse, or a person with whom the minor has a child in common, if the court determines that the minor has sufficient maturity and judgment and that it is in the best interests of the minor.

A petition for an OFP must allege the existence of domestic abuse, and it must be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

“Domestic abuse” is defined by the statute as: (1) physical harm, bodily injury, or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; or interference with an emergency call within the meaning of section 609.78, subdivision 2.

After a petitioner files an OFP petition with the Court, the Court either orders a hearing within 14 days, or grants an ex parte order for protection.

Also unlike an HRO, the relief available through an OFP is much broader than simply restraining contact. While an OFP typically lasts for 2 years, the court may order the OFP to last for a longer period of time if it determines it is appropriate to do so.

Apart from restraining the respondent (the abusing party) from committing acts of domestic abuse, the Court can also:

• exclude the abusing party from their shared dwelling and a reasonable area surrounding the dwelling;

• exclude the abusing party from the petitioner’s workplace;

• order the abusing party to have no contact with the petitioner whether in person, by telephone, mail, or electronic mail or messaging, through a third party, or by any other means;

• aware temporary custody or establish parenting time related to minor children;

• establish temporary child support for minor children or a spouse;

• provide counseling or other social services for the parties (if married) and/or their children;

• order the respondent to enter into treatment or counseling;

• award temporary use and possession of property;

• order the abusing party to pay the petitioner money (in restitution) and continue to pay for the petitioner’s insurance coverage;

• direct the respondent to care for or transfer possession of a pet or companion animal.

• order, in its discretion, “other relief as it deems necessary for the protection of a family or household member,” including orders or directives to the sheriff or other law enforcement or corrections officer as provided by this section;

DOMESTIC ABUSE NO CONTACT ORDERS (DANCOs)

DANCOs are codified in Minn. Stat. § 629.75 and are orders that may be imposed by a court against a defendant (in a criminal proceeding), or against a juvenile (in a juvenile delinquency proceeding). A DANCO may be imposed where there are allegations of: (1) domestic abuse as defined in section 518B.01, subd. 2; (2) harassment or stalking under section 609.749 when committed against a family or household member as defined in section 518B.01, subd. 2;  3) violation of an order for protection (OFP) under section 518.01, subd. 14; or (4) violation of a prior DANCO.

A DANCO may be imposed as a condition of the defendant’s pre-trial release from custody or as a condition of probation (a ‘probationary DANCO’).

The first violation of a DANCO is typically a misdemeanor, assuming the state can prove that the person knew of the existence of the DANCO. However, a person is guilty of a gross misdemeanor if they violate the DANCO within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. That does not necessarily mean the violation of another DANCO, as qualified domestic violence-related offenses include everything from domestic assault, to malicious punishment of a child, to forms of criminal sexual conduct. If convicted of a gross misdemeanor, the defendant faces a mandatory minimum 10-day jail term and must be ordered to participate in some form of counseling.

A person is guilty of a felony where they violate the DANCO within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency or if they violate the DANCO while possessing a dangerous weapon. A felony conviction must carry at least 30 days in jail as a condition of probation and an order to attend a form of counseling (even if execution or imposition of the sentence is stayed).