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A Guide to Civil Process for the Citizens of Anoka County

Harassment Restraining Order

This site is intended as a guide to Civil Process for the citizens of Anoka County. The information contained herein is meant to answer the most common questions received by office staff. THE INFORMATION PROVIDED HEREIN IS INTENDED ONLY TO BE A GENERAL OUTLINE OF THE PROCEDURES THE SHERIFF'S OFFICE FOLLOWS. IT IS INFORMATIONAL ONLY AND YOU SHOULD NEVER RELY ON THIS INFORMATION AS LEGAL ADVICE TO YOU. IF YOU ARE UNSURE OF HOW TO PROCEED, YOU SHOULD PROTECT YOURSELF BY CONSULTING A LAWYER ABOUT WHAT YOU SHOULD DO IN YOUR INDIVIDUAL SITUATION. LAWS IN THIS AREA ARE COMPLICATED AND A LAWYER CAN SUGGEST THE APPROPRIATE COURSE OF LEGAL ACTION TO TAKE IN YOUR CASE. THE SHERIFF'S OFFICE CANNOT GIVE YOU LEGAL ADVICE NOR CAN IT RECOMMEND ANY SPECIFIC LAWYER OR LAW FIRM.

What is Harassment?

Harassment is defined as a single incident of physical or sexual assault, repeated, intrusive, or unwanted acts, words, or gestures, that are intended to adversely affect the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target; targeted residential picketing; and a pattern of attending public events after being notified that the actor’s presence at the event is harassing to another.

What is a Harassment Restraining Order?

A Harassment Restraining Order is a court order forbidding someone from harassing and/or making contact with another or any minor children in the home. The term “Petitioner” refers to the person asking for the harassment order. The term “Respondent” refers to the alleged harassing party. The Petitioner first obtains a temporary order which is effective until a court hearing which is held within fourteen days. A the hearing the court will ask to hear from both parties to determine if the temporary order should be extended; the extension can be for an additional two years.

What can the Petitioner request?

• No contact with the petitioner (e.g., by the phone, letter, or through third persons, work etc.).
• No harassment.
• Stay away from Petitioner’s work or home.
• Other specific kinds of relief may also be considered.

You may apply for a Harassment Restraining Order if:

• You live in Anoka County (file in the county where you live).
• You are being harassed.
• You have the full name and address of the person who is harassing you.

A Harassment Restraining Order can be obtained for an adult and/or on behalf of minor children if there have been incidents of harassment to you and/or your children.

The order must be brought to the Sheriff’s Office – Civil Unit to arrange for service either in Anoka County or in the county where the respondent resides. The Sheriff’s Office does not charge a fee to serve the order.

What is the fee?

There is a fee of $245.00 to file the harassment papers. The fee may be waived if your income meets certain guidelines or your allegations involve a gross misdemeanor stalking offense. The judge determines if the filing fee must be paid.

How do I fill out the Harassment Forms (Petition)?

You will need to make an appointment with the Family Court Clerk to complete the package of harassment forms. Call 763-422-7372 to schedule the appointment. The location of the Courthouse is:

Anoka County Courthouse
325 E Main St
Anoka MN 55303
Hours: 8:00 AM – 4:30 PM

You will be asked for dates concerning the harassment, starting with the most recent incident.

You will fill out the Petitioner’s Affidavit and Petition for Harassment Restraining Order and the proposed Order to be signed by the Judge. The Affidavit must be signed in front of a Family Court Clerk.

After completing the documents the Clerk will review them. The documents are submitted to a judge for review. You will be requested to leave your documents and the clerks will make arrangements for you to call or come back at a later time. The judge decides whether to sign the temporary order based on the harassment laws. If signed, the papers are filed with the Court Administrator’s Office. Copies will be made of your order. You will keep a copy for yourself. You will take the remaining copies to the Sheriff’s Office for proper service.

If the respondent lives in a county other than Anoka, the petitioner (you) is responsible for taking the order to the Sheriff’s Office. You must come to the court on your hearing date even if the respondent has not been served.

What happens in Court?

You and the respondent will appear in court.

You may bring an attorney to the hearing. An attorney is not required but representation is always recommended.

Your petition will be considered and the court may:

• Issue the harassment order for up to two years.
• Dismiss the Order.
• Continue the court hearing to a new date if the respondent has not been served. (When personal service is not met, the Court may sign an Order for Publication).
• If the respondent denies all allegations the matter will go to trial. The trial may be held the same day or may be continued to another date.

You should come to court prepared for trial with any witnesses or evidence.

What if the Respondent disobeys your Harassment Order?

Call 911 immediately.

Make sure the police make a report of the incident. Tell the police that you wish to press charges.

Violation of a Harassment Order is a misdemeanor. It is a gross misdemeanor if there is a second violation within five years.

How do I dismiss or change my Harassment Order?

To Dismiss - You will need to make an appointment with the Family Court Clerk. Both parties must appear and complete a Stipulation and Order for Dismissal. The Court will decide whether to grant your request.

To Change - You will need to make an appointment with the Family Court Clerk. You will fill out a Motion to Amend and Order to Appear. A new hearing date will be set. You will need to make arrangements with the Sheriff for service of the modified conditions. The Court will decide whether to grant your request.

If you move after getting an order, you must provide notice, in writing, to the Court. A copy of the order will be forwarded to the City that will be responsible for enforcing the order. The order will be in effect throughout the state of Minnesota.