Harassment Order Vs Restraining Order: What’s The Difference?

People use “harassment order,” “restraining order,” and “protective order” interchangeably, which is exactly why this is confusing. Minnesota actually has two main civil orders, and which one applies depends entirely on your relationship to the other person. Here is how they line up.

What is the difference between a harassment order and a restraining order in Minnesota?

There usually is no difference. In everyday language, a “harassment order” and a “restraining order” both refer to Minnesota’s Harassment Restraining Order (HRO). The meaningful comparison is between the HRO and the Order for Protection (OFP), which is the domestic version.

The dividing line is the relationship. If the other person is a family or household member, the case is an OFP. If they are anyone else, a neighbor, a coworker, an ex you never lived with or had a child with, or a stranger, it is an HRO.

There is also a third order you may hear about: a Domestic Abuse No Contact Order (DANCO) under Minn. Stat. § 629.75. Unlike the HRO and OFP, a DANCO is issued inside a criminal case, not started by a private petition, so it is not usually what people mean by “restraining order.”

What is a Harassment Restraining Order (HRO)?

An HRO is a civil court order under Minn. Stat. § 609.748 that stops one person from harassing another, and it does not require any relationship between them. That is the key feature: you can get an HRO against a neighbor, a classmate, an online harasser, or a stranger.

Minnesota defines harassment broadly. It includes repeated intrusive or unwanted acts, words, or gestures that have a substantial adverse effect on your safety, security, or privacy, as well as a single incident of physical or sexual assault, nonconsensual sharing of private sexual images, targeted residential picketing, or a pattern of showing up at events after being told it is harassing.

What is an Order for Protection (OFP)?

An OFP is a civil order under the Domestic Abuse Act, Minn. Stat. § 518B.01, available only against a family or household member. That category covers spouses and former spouses, people who live together or used to, blood relatives, co-parents, and people in a significant romantic or sexual relationship.

An OFP addresses domestic abuse, meaning physical harm or assault, fear of imminent harm, terroristic threats, criminal sexual conduct, or interference with an emergency call. Because it arises from a domestic relationship, it carries stronger built-in consequences than an HRO, including the authority to order firearm surrender and a mandatory-arrest rule when the order is violated.

HRO vs. OFP: side-by-side comparison

The table below summarizes the practical differences between the two Minnesota orders.

Feature	Harassment Restraining Order (HRO)	Order for Protection (OFP)
Governing law	Minn. Stat. § 609.748	Minn. Stat. § 518B.01 (Domestic Abuse Act)
Relationship required	None — anyone (neighbor, coworker, ex, stranger)	Family or household member
Conduct covered	Harassment: repeated unwanted acts, or a single assault, sexual assault, or image-sharing incident	Domestic abuse: harm, fear of imminent harm, threats, sexual conduct, blocking a 911 call
Filing fee	Possible fee, waived if it alleges assault, stalking, or sexual conduct	No filing fee
Firearm surrender	Not automatic	Court can order it
Arrest on violation	Crime; arrest possible	Crime; arrest is often mandatory
How long it lasts	Up to 2 years (up to 50 years for repeat violations)	Up to 2 years (up to 50 years for repeat violations)
Can be issued without you present?	Yes, on a temporary (ex parte) basis	Yes, on a temporary (ex parte) basis

Which order applies to my situation?

Start with the relationship, because that decides everything. If you and the other person are or were family or household members, your case is an OFP. If you are not, it is an HRO, no matter how serious the harassment is.

A few quick examples make it concrete. A dispute with a neighbor, a fellow tenant, or an online stalker is an HRO matter, and you can read more in our piece on a harassment restraining order against a neighbor. A conflict with a spouse, an ex you lived with, or a co-parent is an OFP matter. If the abuse involves verbal threats, see whether you can get a protection order for verbal abuse, and for the bigger picture see our guide to restraining orders in Minnesota.

What happens if you violate an HRO or OFP?

Violating either order is a crime, not just a civil problem. A first violation is generally a misdemeanor, and repeat violations, bias-motivated conduct, or a violation involving a dangerous weapon can be charged as a gross misdemeanor or felony.

One trap catches many respondents: the order restricts you even if the protected person reaches out first. Responding to their call or text can still be a violation, which we explain in what happens if the victim violates the order for protection. If you have been served, do not contact the other person, even to sort things out.

Can you fight or dismiss an HRO or OFP?

Yes. Both orders can be contested at a hearing, where you can challenge the allegations, present evidence, and argue that the conduct does not meet the legal definition of harassment or domestic abuse. Many orders begin as temporary, ex parte orders that have not yet been tested against any opposing evidence.

Because these orders can cost you your firearm rights, your housing, and your standing in a custody case, fighting them properly matters. If you believe an order against you is exaggerated or false, see the consequences of filing a false order for protection and our guide on how to get an order for protection dismissed. Our domestic assault and criminal defense attorneys handle both HRO and OFP hearings across Minnesota.

FAQs

Is a harassment order the same as a restraining order in Minnesota?

Usually, yes. In everyday language both terms refer to Minnesota’s Harassment Restraining Order (HRO) under Minn. Stat. § 609.748. The order that is genuinely different is the Order for Protection (OFP), which is for domestic situations.

What is the main difference between an HRO and an OFP?

The relationship. An HRO can be filed against anyone and is based on harassment. An OFP can only be filed against a family or household member and is based on domestic abuse. The OFP also carries stronger consequences, such as firearm surrender and mandatory arrest on violation.

Do I need a relationship with the person to get a restraining order?

No, not for an HRO. A Harassment Restraining Order can be obtained against a neighbor, coworker, ex, or stranger. You only need a family or household relationship for an Order for Protection.

How long does a harassment restraining order last in Minnesota?

An HRO can last up to two years, and up to 50 years where the respondent has repeatedly violated orders or the petitioner has had multiple orders against the same person. An OFP follows the same general durations.

Can I fight a harassment restraining order or order for protection?

Yes. Both can be contested at a hearing where you can challenge the allegations and present evidence. Because these orders affect firearm rights, housing, and custody, it is wise to have an attorney for the hearing.