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Minnesota Order for Dismissal of Harassment Restraining Order

State:
Minnesota
Control #:
MN-SKU-1638
Format:
PDF
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Description

Order for Dismissal of Harassment Restraining Order

The Minnesota Order for Dismissal of Harassment Restraining Order is a court order issued by a judge in the state of Minnesota. It is issued to dismiss a restraining order that has been issued against someone who has been accused of harassment. The order is typically issued in cases where the victim does not want to pursue legal action against the accused, and the accused has demonstrated that they have taken steps to cease the behavior. There are two types of Minnesota Order for Dismissal of Harassment Restraining Order: the Mutual Dismissal Order and the Judge Dismissal Order. The Mutual Dismissal Order is issued when both parties agree to not pursue legal action against each other and that the behavior has stopped. The Judge Dismissal Order is issued when the judge finds that the accused has taken the appropriate steps to stop the behavior and that the victim does not want to pursue legal action.

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FAQ

You are subject to arrest and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the restraining order or this short-form notification."

OFP and HRO? records prior to service on respondent Court records related to OFP and HRO petitions are not accessible by the public until after the respondent has been served. After service, court records related to OFP and HRO petitions are accessible to the public. Minn.

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

A court may restrict access to public case records in a particular case only if it makes findings that are required by law, court rule, or case law precedent. The factors that a court must consider before issuing a restrictive order in regard to criminal case records are discussed in Minn.

The order can last for up to two years, but you may petition to have it extended if you need further protection once the order expires.

If an Ex Parte Harassment Restraining Order was issued, the Respondent may request a hearing in writing within 20 days from when the paperwork was served. If an Ex Parte Harassment Restraining Order was NOT issued, you or the Respondent may request a hearing within 20 days from when the paperwork was served.

An HRO can be issued without notice to the alleged harassing party, but once they receive notice a hearing is set so that they have the opportunity to dispute the order. An Order for Protection (OFP), on the other hand, deals specifically with domestic violence.

How do I contest an order for protection? The respondent can contest an OFP by requesting a hearing before the judge who issued a temporary or ex-parte OFP. At the hearing, both parties can present evidence, including witness testimony, in order to establish whether an OFP is necessary.

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Minnesota Order for Dismissal of Harassment Restraining Order