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General Crime Program
HARASSMENT RESTRAINING ORDERS
What is a Harassment Restraining Order (HRO)?
A Harassment Restraining Order enables a person to order that a person stop doing repeated,
intrusive or unwanted acts, words or gestures intended to harm the safety, security, or privacy
of another person. Unlike the OFP, your legal or blood relationship to the harasser is not
important to getting a Court Order. Your do not have to be related to the person: You can be a
neighbor, acquaintance, or stranger to the person committing the harassment and get a HRO. If
you are a parent or guardian of a minor who is being harassed, you can seek a HRO on behalf of
that minor.
How can I be protected by a Harassment Restraining Order?
It can order the harasser to quit or avoid harassing you or the minor. It can also order the
harasser to have no contact with you or the minor. It may also provide that a peace officer
shall arrest without a warrant and take into custody a person whom the peace officer has reason
to believe has violated the order.
How to apply for a Harassment Restraining Order:
Apply to the Court in the same way you would file for an OFP. The Court must provide simplified
forms and clerical help to assist you with the writing and filing of a PETITION and an AFFIDAVIT
for a HRO. Hands of Hope Resource Center may also be able to provide help filling out the
PETITION. You do not need an attorney. There is a filing fee.
If you are low income and
cannot afford the fee, you can file an IN FORMA PAUPERIS to have the fees waived. If the
harassment is a gross misdemeanor, then the filing fees are also waived. If you are a victim of sexual assault from the respondent, the fee is waived. Ask the court about
what crimes would fit under this.
Preparing for an HRO
Things that you should be prepared for when you come in to file are such things as:
- dates and details of the incidents that are relevant to this order
- dates of past orders or other previous court involvement between you and the respondent
Other items of evidence that may be helpful to bring are things such as:
- police reports
- medical records
- your affidavit (make sure to include most recent incident that has occurred, the
first incident that occurred, and the most severe incident that occurred)
- threatening letters or notes
- pictures
- receipts for damages the abuser has caused you.
You may also bring any letters or statements from witnesses; however, these must be notarized.
Why get a court order?
Although a Court Order does not guarantee protection, it does put an abuser or harasser on notice
that further abusive or harassing action may lead to arrest, a misdemeanor charge (or gross
misdemeanor if it is a second violation within two years), imprisonment, and/or a fine. Whether
a victim of abuse or harassment should get an OFP or a HRO depends upon the problem and the
relationship between the victim and the abuser or the harasser. More on Orders for Protection
What happens at a hearing?
Normally, when you file the Petition, the clerk will give you a court date for a hearing that is
within fourteen days from the date of filing. If there is a hearing, the court will ask both
you and the other party about the abuse described in the Petition. Your testimony is important,
but it will also help to bring police reports, medical records, any photographs of injuries, and
any witnesses. A Harassment Restraining Order will last for two years; this order can be extended
after its expiration by reapplying before the expiration date with the Court.
How is the order served on the abuser or harasser?
The Petition (and the Ex Parte Order) must be personally served on (handed to) the abuser or the
harasser. The Sheriff usually does this. If the abuser cannot be found, ask the Clerk of Court
to proceed by "publication". An HRO hearing can be held one week after the notice is published
even if the abuser is hiding or if you don't know his or her address.
What if I have an order and the abuser or harasser violates it?
Police must arrest the abuser or harasser if they have probable cause to believe that person has
violated an OFP or a HRO. They do not need to have actually seen the assault, threat or
harassment to make the arrest, but they do need to see a copy of your OFP or HRO. Therefore it is
very important for you to have a copy of your OFP or HRO on your person at all times. If the
abuser or harasser comes to your home or place of employment and violates the terms of the OFP
or HRO, call the police and they may arrest him or her without a warrant. Even if the police do
not arrest, still report the violation so that there is documentation.
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