Harassment Restraining Order Violation in Minnesota

Violating a Harassment Restraining Order (HRO) in Minnesota is a serious legal matter with potentially significant consequences. While an HRO starts as a civil order, violating it creates criminal liability, which can result in misdemeanor, gross misdemeanor, or even felony charges depending on the circumstances. Understanding the legal implications of an HRO violation, the enhancing factors, and potential penalties is essential for anyone facing such charges. This blog breaks down key aspects of HRO violations, including the penalties at different levels and why having legal representation is crucial.

What Is an HRO Violation in Minnesota?

Minnesota Statute 609.748 makes it a crime to violate a Harassment Restraining Order. Although an HRO is issued through civil court, any violation becomes a criminal offense. Actions that might seem minor, like sending a text message or making a phone call, can result in criminal charges if they violate the terms of the order.

A first-time HRO violation without enhancing factors is classified as a misdemeanor, carrying penalties of up to 90 days in jail, a fine of $1,000, or both.

Why Are Domestic Convictions Enhancing My HRO Charge?

Even if the protected party under an HRO isn’t a domestic partner, Minnesota law considers certain domestic-related convictions as qualifying offenses under Statute 609.02. This means past convictions, such as domestic assault or harassment restraining order violations, can enhance the current charge.

While there are distinctions between an Order for Protection (OFP) and an HRO in other parts of Minnesota law, such as pre-sentencing investigation requirements, both can be subject to these enhancements.

Do I Need an Attorney for an HRO Violation?

Legal representation is critical, regardless of whether your charge is a misdemeanor, gross misdemeanor, or felony. An HRO violation conviction can:

Impact ongoing family court proceedings, including custody and divorce cases.
Be used to enhance future charges.
Serve as evidence for extending the HRO beyond two years.
An experienced attorney can work to prevent a conviction, negotiate favorable outcomes, and help you understand your rights and options.

Enhancing Factors for HRO Violations

Certain circumstances can elevate an HRO violation from a misdemeanor to a gross misdemeanor or even a felony.

1. Gross Misdemeanor Enhancements:

A prior qualified domestic-related conviction within the last ten years.
Maximum penalty: 364 days in jail, a fine of $3,000, or both.

2. Felony Enhancements:

An HRO violation becomes a felony under the following circumstances:

Two or more prior qualified domestic-related convictions within the past ten years.
Violation based on someone’s race, color, religion, sex, sexual orientation, disability, age, or national origin.
Violation committed while falsely impersonating another person.
Violation committed while possessing a dangerous weapon.
Intent to tamper with or influence judicial proceedings or retaliate against officials.
The protected party is under the age of 18.
Felony violations carry a maximum penalty of up to five years in prison, a fine of $10,000, or both.

How Much Jail Time Will I Get for Violating an HRO?

Unlike OFP violations, there is no mandatory minimum jail time for HRO violations unless dictated by Minnesota sentencing guidelines for felony charges. While prosecutors may request jail time, it isn’t legally required.

Sentencing often depends on factors such as:

The nature of the violation
The defendant’s criminal history
The impact on the protected party

Facing an HRO violation charge can have lasting consequences. Shek Law is here to provide expert legal guidance and protect your rights. Contact us today for a consultation.