How do I appeal/ & or revise a harassing restraining order?

Asked over 2 years ago - Cambridge, MN

Yes I have had altercation with this women before. Nothing that wasn't mutual mind you, but now she has gone an filed a restraining order against me and it states that I have to stay away from her home. The problem is we live in the same building, right across the hall from one another. I've lived here for 8 yrs and have never had a problem with anybody. Now she moves in a few months ago and I have to move?? How does this work? The statements that she has in her form are only half correct. I do NOT want this on my record, nor do I want to break any laws.

Attorney answers (2)

  1. Steven John Hancock

    Contributor Level 9


    Lawyers agree


    Answered . If you were very recently served with a Temporary Harassment Restraining Order, you have the right to request a hearing. At the hearing, you will have to opportunity to present your side of the case especially if you believe that your conduct did not constitute harassment under the statute. If the altercations were mutual, as you say, it is possible for your to get mutual restraining orders so that you both must not contact eachother. In general, a judge will not restrain you from a property in which you have a possessory interest for the purposes of enforcing a restraining order. this is something that will require clarification at a hearing.

    Once served with a Temporary Harassment Restraining Order, you have a very narrow window of opportunity to request a hearing (14 days). If you don't request a hearing, the Order will become permanent for a period determined by the Court (up to two years).

    The hearing in a case like this will be an evidentiary hearing where sworn testimony is taken and evidence is produced for the Judge. Since there is so much at stake, it would be best for you to consult an attorney right away to ensure your rights are adequately protected.

    Don't hesitate to contact me with any questions. Good luck.

    Steve Hancock
    Hancock Law, P.A.

  2. Maury Devereau Beaulier

    Contributor Level 20


    Lawyers agree

    Answered . When you receive a restraining Order, it is accompanied by a document that you can fill out and file along with a filing fee to request a hearing. At that hearing, testimony would be required and the court could determine if the allegations meet the burden of proof to sustain a harassment restraining order. Even if that were to occur, the court may craft the order to fit with the particular facts of the case.

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