How to Get a Restraining Order in Minnesota

In the state of Minnesota, a restraining order is granted after an individual has filled out and filed the proper forms and has had a judge look over them and approve it. Some restraining orders require that the applicant must give this bond in the penal sum of $2,000 as principal. However, that is only for restraining orders given out for anything besides harassment, domestic abuse, divorce, and any case exempted by law. If required, the applicant must give the bond in the penal sum of $2,000 as principal. This can either be paid by the applicant or by someone on the applicant's behalf. Also, no restraining orders are given without written or oral notice to the adverse party. http://www.mncourts.gov/Documents/0/Public/Rules/GRP_Tit_II_3-1-09.pdf

Upon receiving a restraining order, the applicant has help in preventing future problems with the adverse party and has a court-issued order stating that the respondent is never to contact the applicant nor the applicant's family. Also, upon violation of the order, the respondent can be immediately arrested, without need of a warrant. http://www.mncourts.gov/selfhelp/?page=1881#How%20to%20get%20a%20Harassment%20Restraining%20Order

Step 1: The Form

Begin the process by going to your local courthouse and asking for the proper form. The forms can also be found online at the Minnesota Judicial Branch website in the Self Help Center. Complete the form and then take it back to the courthouse to be filed. http://www.mncourts.gov/selfhelp/?page=1881#How%20to%20get%20a%20Harassment%20Restraining%20Order

Step 2: Waiting

Your form will eventually make its way to a judge that will sign it. This signature indicates one of three possibilities. The first option is that your request was dismissed and was not considered to require a restraining order. After this, you will need to redo the forms and refile them with a different incident that would require a restraining order. The second option is that your request was denied, but you can still request a hearing with a judge on the matter (see step 3). The final signature means that you have been granted your request without the need for a hearing. http://www.mncourts.gov/selfhelp/?page=1881#How%20to%20get%20a%20Harassment%20Restraining%20Order

Step 3: The Hearing

You can request that your case be heard by submitting a written request and turning it in within 45 days of your form being signed by the judge. The respondent may also request a hearing withing 45 days of the restraining order being issued. http://www.mncourts.gov/selfhelp/?page=1881#How%20to%20get%20a%20Harassment%20Restraining%20Order To request a hearing, you can go to your local courthouse or go online and get the "Request for Hearing" form. http://www.mncourts.gov/default.aspx?page=513&item=288&itemType=formDetails

Disclaimer

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.

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