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Order Granting Petition For Ex Parte Harrassment Restraining Order Form. This is a Minnesota form and can be use in District Court Statewide.
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Tags: Order Granting Petition For Ex Parte Harrassment Restraining Order, HAR-802, Minnesota Statewide, District Court
State of Minnesota
District Court
County
Judicial District:
Court File Number:
Case Type:
Harassment
Order Granting
Petition for Ex Parte
Harassment Restraining Order
Petitioner
vs.
(Minn. Stat. §609.748)
Respondent
Based upon Petitioner’s Affidavit and Petition for a Harassment Restraining Order and
other information provided to the Court, THE COURT FINDS:
There is an immediate and present danger of harassment to justify temporary relief.
There are reasonable grounds to believe that Respondent has harassed Petitioner (or minor
children included in the petition) as follows:
Physically or sexually assaulted the Petitioner;
Followed, pursued or stalked the Petitioner;
Made uninvited visits to the Petitioner;
Made harassing phone calls to the Petitioner;
Made threats to the Petitioner;
Frightened Petitioner with threatening behavior;
Broke into and entered the Petitioner’s residence;
Damaged the Petitioner’s property;
Stole property from the Petitioner;
Took pictures of the Petitioner without permission of the Petitioner;
Did acts repeatedly that meet the legal definition of “targeted residential picketing;”
Pattern of attending public events after being notified that Respondent’s presence at the
events is harassing to Petitioner;
Other:
The harassment has had or is intended to have a substantial adverse effect on Petitioner’s
safety, security, or privacy.
Petitioner requested a court hearing.
IT IS ORDERED:
1.
HAR802
The request for temporary relief is granted and:
Respondent shall not harass
Petitioner
ward(s).
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Petitioner’s minor child/ren or
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The minor child/ren or ward(s) included in the Petition are:
Respondent shall have no direct or indirect contact with
Petitioner
Petitioner’s
minor child/ren or ward(s), including any visits to or phone calls to the protected
person(s), contact via electronic means such as email or social networking sites, threats or
assaultive behavior to the protected person(s), damaging or stealing property belonging to
the protected person(s), breaking into and entering the protected person(s) residence,
and/or taking pictures of a protected person without permission of the Petitioner.
Respondent is prohibited from being within
of Petitioner’s
(distance)
home at:
(address)
of Petitioner’s
Respondent is prohibited from being within
(distance)
job site at:
(address)
Other:
2.
This Restraining Order is in effect until _________________________unless changed by
a later court order. Respondent can ask the court to change or vacate the Restraining
Order by filing a Request for Hearing within 45 days of the date of this Order.
3.
A hearing will be held on
at
o’clock
.m at
(date)
(address)
The hearing is scheduled because:
Petitioner requested a hearing
Petitioner requested
a restraining order for longer than 2 years and the court wants more information about the
need for a longer restraining order.
Other
Respondent shall appear personally in Court for the hearing and explain why the
requests made in the Petition should not be granted. Petitioner shall appear personally
in Court for the hearing and provide proof that the statements in the Petition are true
and that Respondent’s actions are harassment.
4. The Court Administrator shall send a copy of this Order to the following law enforcement
agencies:
County Sheriff’s Department and
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Police Department which have authority over the
residence of the Petitioner(s). Every police department and sheriff’s office in the United
States, including those affiliated with tribal and territorial lands, is responsible for
enforcing this Order under 18 U.S.C. § 2265 Full Faith and Credit of Protective Orders.
5. If respondent is an organization, this order
organization.
6.
shall
shall not apply to all members of the
Petitioner made a request to keep information confidential.
This information shall not be accessible to the public, but shall be accessible to court
personnel and law enforcement for purposes of service of process, conducting an
investigation, or enforcing an order.
7. Other:
8. The sheriff of any county in Minnesota shall perform the duties relating to service of this
Order without charge to the Petitioner.
9. It is not a violation of this order if the parties pursue or participate in voluntary mediation
through court approved mediation programs. The party wanting to mediate must contact the
mediation program directly to arrange it. He/she may not contact the other party directly or
through friends or relatives. The mediation programs will determine if mediation is
acceptable under Minnesota mediation guidelines (Minn. Stat. § 494.03 and Minn. Gen. R.
Prac. 114).
NOTICE
If a hearing is scheduled and Respondent does not attend the hearing, a Harassment
Restraining Order may be granted. Failure of Respondent to appear WILL NOT be a
defense to criminal charges against Respondent for violation of any part of this Order. If
Petitioner does not attend the hearing this case may be dismissed.
Any conduct by the Respondent in violation of the specific provisions provided in Section 1
above constitutes a violation of this Harassment Restraining Order. A police officer shall
arrest Respondent without warrant and take her/him to jail if a police officer believes that
Respondent has violated this Restraining Order, and shall hold Respondent in jail for at
least 36 hours, excluding the day of arrest, Sundays, and legal holidays, unless the
Respondent is released earlier by a judge or judicial officer.
Violation of this Harassment Restraining Order may be treated as a misdemeanor, gross
misdemeanor, or felony. A misdemeanor violation may result in a sentence of up to 90 days
in jail and/or a $1000.00 fine. Some repeat violations are gross misdemeanors and may
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result in a sentence of up to one year in jail and/or a $3,000.00 fine. Other violations are
felonies and may result in a sentence of imprisonment for up to five years and/or a $10,000
fine. A person who engages in a pattern of harassing conduct is guilty of a felony and may
be sentenced to imprisonment for up to ten years and/or a fine of $20,000.00.
Dated:
Referee of District Court
Dated:
Judge of District Court
Distribution
Certified copy or original – Return to Court Administrator with Affidavit of Service attached
Copy for Petitioner(s)
Copy for file until original returned
Copy for Sheriff
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Copy for Respondent(s)
Copy for local police department
Other:
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