Harassment is a crime. If proven, depending on the severity and frequency of the conduct and the harasser's prior criminal record, harassment can be punishable as either a gross misdemeanor or a felony. Harassment can mean many things. It can refer to the actions of a person (or group) who is repeatedly sending you threatening letters, calling you on the phone, or repeatedly sending you unwanted gifts. It can also involve behavior such as following you, watching you, and coming to your place of work or home. This behavior is commonly referred to as "stalking". Harassment can also include intentionally exposing you to materials which the harasser knows, or has reason to know, are culturally offensive or intimidating to you.

   It is not necessary that the harasser intend for the conduct to produce feelings of fear or intimidation in the victim, only that the harasser has reason to know that the conduct would cause such feelings. In some instances, harassment results from infatuation or romantic obsession. The harasser does not intend for the behavior to make the victim fearful; the harasser is trying to prove "love" for the victim. The law now reflects the understanding that, regardless of the motivation for the conduct, it disrupts the victim's life and may threaten the victim's safety.

   Harassment is extremely frustrating to deal with, and can be difficult to prove in court. However, if there is sufficient evidence, you can get a restraining order and the offender can be charged with a crime, either for violating the order or for the harassment itself.

   The law which allows you to get a restraining order defines harassment as "repeated, intrusive or unwanted acts, words or gestures that are intended to adversely affect the safety, security or privacy of another, regardless of the relationship between the actor and the intended target." (M.S. § 609.749, Subd. I). This type of harassment also includes the picketing of your home by a group. The procedure for getting a restraining order is explained in Legal Remedies.

   Criminal harassment is defined as "engag(ing) in intentional conduct which the actor [harasser] knows or has reason to know would cause the victim, under the circumstances, to feel frightened, threatened, oppressed, persecuted, or intimidated; and causes this reaction on the part of the victim. (M.S. § 609.749, Subd. I). Such conduct can include following or pursuing you, returning to your property without your consent, making repeated phone calls, inducing you to make calls, causing your phone to repeatedly ring, repeatedly mailing or delivering unwanted letters, objects, or gifts to you.

    Harassing behavior should always be taken seriously. Make sure that people you trust are aware of the harassment. To protect yourself, it is usually not advisable to confront the harasser or to meet with them privately.

    Here are some ways to help you feel more in control of your response to harassing behavior. While all situations are different, these are some general suggestions about how to record what is happening in your case.

1. Always call the police so they can take a report or document the incident. Always keep your own record of the date, time and who you spoke with when you called.Request that the police file a report EVERY TIME you report an incident.
   
   
2. If you are receiving obscene or harassing phone calls:
   
   1. Call your local telephone company to get their advice. There are many advances in telephone service which may allow you to block calls from the harasser or to trace harassing calls. You can also call a service representative of the phone company's Annoyance Call Division from 10 a.m. to 7 p.m. M-F. Their toll-free number is 1-800-541-3386.
   2. If you have an answering machine, leave it on so that you can screen your calls. You will also have the person's voice on tape for use as evidence. Save and date the tape for police.
   3. You may decide to invest in Caller ID. This service allows you to see the name and phone number of the caller on a display unit. This allows you to screen your calls more efficiently than an answering machine alone. Caller ID has several other options. You can block incoming calls if the caller has blocked the transmission of their name and number. It is also possible to block calls from a specific phone number, or if the harasser's number is unknown, to block that number immediately after receiving a harassing phone call.
   4. If Caller ID is not an option you wish to explore, there is the option of Call Trace. By dialing *57 on a touch-tone phone or 1157 on a rotary phone, you can trace the phone call. Make a note of the time and date of any calls you attempt to trace and report the call to the Annoyance Call Division. If you receive the call after they have closed, you can report the call the next day. The number is not made available to you, but after successfully tracing three calls you can notify the Annoyance Call Division. If the three calls have been made from the same number, the phone company will notify the caller by letter, warning them that phone harassment is a crime and to stop making harassing calls. If the police are involved, they can obtain the phone number from the phone company.
   5. You can also block harassing calls without having Caller ID by using Call Rejection. If there is a number you want blocked, dial *60 and follow the instructions. If you do not know the number the call is being made from, dial *60 immediately after hanging up from a harassing phone call.

    These are some of the technologies available for combating phone harassment. For more information on these and other options, contact your local phone company or the Annoyance Call Division.

6. You may also choose to have your phone number changed and kept unpublished. An unlisted number can still be given out by directory assistance. An unpublished number cannot.

3. If you believe that someone is watching your home or loitering outside your home:
   
   1. Call the police. Do not attempt to confront the person. If you have a restraining order against the person, their conduct may constitute a violation of that order. (See Legal Remedies). You cannot be evicted from your apartment for calling the police, even if there is a clause in your lease saying you will be evicted. These clauses are illegal and will not be enforced by a court.
   2. Ask your neighbors to call the police and complain if they notice the offender outside your home.
   
   
   
4. If you are repeatedly receiving unwanted gifts, flowers, candy, notes, etc. from the harasser:
   
   1. Keep all objects for the police to examine. Do not allow the offensive or obscene nature of anything the harasser sends you to cause you to destroy or discard it.
   2. Save all letters, notes, telegrams, e-mail, etc. for the police to examine.
   3. Keep a record of the time and date that you receive anything from the harasser.
   
   
   
5. Document all words exchanged between you and the harasser. Even if the words are embarrassing or obscene, write them down along with the time and date so that you will be able to tell the police exactly what was said. Do not be afraid or ashamed to tell the police officer what was said by the harasser. It is important that everything that happened appear in the police report.
6. If there is any damage to your property, make sure that you do not disturb the crime scene so that the police can properly investigate.
7. Take steps to protect your privacy. If you report incidents to the police, you can ask to have your home and work address left out of the report, since police reports eventually become public information. If you are concerned about the harasser having access to information about you, and you believe your safety is threatened, you may write to the Commissioner of Public Safety to request that your name and home address contained in your driver and vehicle records be kept private. (See Sample Letter).

    Being a victim of a crime is difficult, frustrating, and frightening. Being a victim of harassment is particularly difficult because it is not just one type of act, such as theft, assault, or arson. Instead, harassment can involve several violations of different laws. Harassment is also disturbing because the harasser's true intent and motivation are difficult to determine from the behavior.

    Because of the various laws that deal with harassment, police and attorneys also have different attitudes towards the problem of harassment. Many law enforcement professionals or prosecutors find these cases extremely frustrating, and may seem unwilling to put a lot of effort into harassment cases. Others will make every effort to assure criminal prosecution. Too often, though, victims are told by police and prosecutors, "there is nothing we can do." An unsuccessful attempt to apprehend the perpetrator, or a decision by a prosecutor not to pursue criminal charges, may leave you angry, frightened and frustrated. Police cannot charge the perpetrator with a crime unless there is evidence against them. Other crimes can seem more serious, easier to solve and prosecute, and law enforcement has limited resources.

    Another challenge you may face as a victim of harassment is the frustration of knowing that it may be up to you to prove that a crime was committed. Because of the nature of harassment, it is often through your own efforts that evidence can be collected and preserved. Often, even though what you experience may be annoying, bothersome, terrifying or frightening enough to affect your sense of safety, the experience can "fall between the cracks" of existing laws. It is important for you, as a victim of harassment, to take an active role right away in protecting yourself. You may want to turn to a victim assistance program for help and support. (See Resources).

    There are two areas of law which can be helpful if you are a victim of harassment. There are civil remedies which are solutions that protect you, such as obtaining a restraining order, and those which help you obtain financial compensation, such as lawsuits. There are also criminal proceedings which are intended to punish the person who is harassing you. These types of action are separate. It is important to use as many types of legal remedies as are available to you.

Civil Remedies

    Civil remedies include restraining orders, lawsuits, and requests for protection of information. This section provides basic information about each one. It is a good idea to ask for additional information from local victim services agencies. Even if you do not believe that you need an advocate, these agencies can be helpful in helping you understand these procedures and laws and how to use them.

Restraining Orders

    If you are being harassed by a person whose identity you know, and you feel that your safety, security or privacy is threatened, you can ask the court for a restraining order which orders the offender to stop harassing you, and makes it a separate crime if they continue. There is a fee for obtaining a restraining order, and it varies throughout the state. However, depending on the circumstances, the fee can be waived or the court can order the offender to pay it.

    It is important to use the remedy that will be of the most use to you. If you have lived with, had a child with, or been married to the harasser, you should probably get a Domestic Abuse Order for Protection rather than a Harassment Restraining Order since it has special protection for that type of relationship. If your relationship was not domestic, you can file for a Harassment Restraining Order as described below.

    In a petition for a restraining order, the victim asks the court to issue an emergency (or ex parte) court order which requires the harasser to stop their threatening and intimidating actions, and allows the police to arrest the harasser if they do not. Obviously, this type of protection is only useful if you are sure that you know who is harassing you, you can provide the court with information to prove it, and the person can be located in order to be served with the order.

How to Get a Harassment Restraining Order (HRO)

    An HRO may be obtained in the county where you live. In larger counties, an appointment may be necessary. To make sure you are going to the proper location, call your county administrator and they will direct you to the clerk of court who will provide the forms and instruct you in completing and filing your restraining order. Local victim services programs are experienced in helping people get protective court orders and can be valuable resources.

The Form: The form you fill out is called a "petition". There are three important segments of the petition that need to be fully and clearly completed:

1. The Parties: The parties are called the "Petitioner" (you) and the "Respondent" (the person you are filing the restraining order against). You must include your name, address, and date of birth. If the petitioner is a minor, their parent or guardian may file on their behalf. You must also include the name of the harasser, their address and date of birth, if they are known or can be found out by you. The respondent could also be an organization that sponsored or promoted the harassment.

2. The Affidavit: This is a description of the behavior causing you to feel harassed. In this section, you need to demonstrate to the court that these behaviors were intentional and committed by the respondent. The more specific you can be, the better. It is important to describe how your safety, security and privacy have been affected by the harassment and to describe all previous acts of harassment. The dates, times and places of all incidents should be recorded, listing the most recent incidents first.

3. Relief Requested: In this section, you describe the specific behaviors you wish the respondent to cease. For example, you may request that the respondent not come to your home or workplace and that you not be contacted in person, by phone, letter, third party or by any other means.
    Once you have completed the form, the judge will review it and, if there appears to be good cause, sign the order. This is a temporary order to protect you until a hearing, which must be scheduled within 14 days of the signing of the temporary order. It is important that you provide law enforcement with as much information about the respondent as possible. If they cannot locate the respondent to serve them with the order, the order does not take effect. If the respondent does not know about the restraining order, they cannot be charged with violating it.
    A copy of the temporary order will be delivered to the respondent, and a date for the hearing will be set. As the petitioner, you must appear at this hearing. If the petitioner (you) does not appear, the temporary restraining order will be dismissed. Sometimes, the hearing will be delayed because the respondent cannot be located. You should still appear, and the hearing will be rescheduled. The judge can extend the temporary restraining order for an additional 14 day period.

The Hearing: At the hearing, the judge reviews the order and asks if the petitioner still wants the restraining order. The judge then asks the respondent if they have read the restraining order and have a response. The respondent may agree or disagree with the order and your allegations. Remain calm. The judge listens to both sides. The process for this is called an "evidentiary hearing" where the petitioner and respondent both may tell the court their side of the story and give the court any evidence they may have such as letters, phone call documentation, pictures or the testimony of any witnesses.
    Since this all may occur on the hearing date, you should be prepared to present all of your evidence of harassment at the hearing. These hearings are usually brief (10-30 minutes), so it is important to be prompt and be prepared. It is a good idea to make notes for yourself at each incident, so you can present all of the facts to the judge at your hearing.
    After hearing both sides, the judge decides whether a restraining order is needed. If the judge decides to issue a restraining order, it may be issued for a period of up to two years. The petitioner and respondent both receive a copy of the order. If the respondent is an organization, the order may be issued against, and apply to, all members of the organization. If the request for the restraining order is denied, the reason for denial will be stated by the court. If the request is denied for lack of sufficient evidence, the petitioner may file again if further incidents occur.

Violations: A copy of the restraining order is sent by the court to remain with local law enforcement. It is also important for the petitioner to keep a copy of the restraining order with them, in their home, at their place of work, in their car and wherever else it will need to be available in case of the need for police intervention. (If you are frequently at the home of family or friends, it may be a good idea to keep a copy there as well).
    The law states that the police shall arrest the harasser when they have probable cause to believe that there has been a violation of the restraining order. In such a case, the harasser violating the restraining order can be charged with a misdemeanor for the first violation. If the harasser has violated the order previously, they will be charged with a gross misdemeanor. If the harasser has been convicted of certain crimes in the past, or is in possession of a dangerous weapon when they violate the order, they can be charged with a felony. The harasser can also be held on charges of contempt of court for willingly disobeying an order of the court. You can request a hearing on the contempt of court issue by filing an affidavit with the court.
    It is important to report any violation of the order and to cooperate with the police in all circumstances for the order to be effective. However, remember that the order only provides consequences for the harasser's violation of the order and that you should still take steps to protect your personal safety.

    In certain cases, you may wish to consult an attorney about the possibility of a lawsuit against the person who has been harassing you.
    Generally, you may be able to sue the offender where there has been an intentional or reckless act by the offender that has caused you harm. This act can be a harmful or offensive contact (battery), a threat to physically hurt you where the offender has the ability to immediately carry out that threat and you actually apprehend harmful or offensive contact (assault), coming onto your property without your permission (trespass), or other extreme and dangerous conduct (intentional infliction of emotional distress). If you can prove actual physical damage, such as property loss, personal injury or physical harm resulting from emotional distress, you can collect compensatory damages. This money is meant to reimburse you for your financial and physical losses.
    However, some behavior, such as assault or trespass, does not necessarily result in any physical harm. You can still file a suit on these grounds. In these cases, you can collect nominal damages, a small sum of money (usually one dollar) to acknowledge that the harasser has violated your rights and safety.
    You may also be able to collect punitive damages. Punitive damages are available in civil suits where the acts of the defendant "show deliberate disregard for the rights or safety of others." (M.S. § 549.20 Subd. Ia). They can also be awarded in addition to compensatory damages. Punitive damages are not always easy to obtain, as they are partially determined by the defendant's financial condition.

    If the offender harms you on private property such as an apartment building, hotel, bar or parking ramp, and the security measures were inadequate, you may be able to sue the property owner. Always notify the owner or caretaker of the property that someone has been harassing you. This is important because, in a lawsuit, you may need to show that the owner was aware of the problem. More importantly, it gives the owner the opportunity to take appropriate actions to prevent further crimes and protect your safety, perhaps avoiding any physical harm altogether.

    The harassment may also be a violation of federal or state law designed to prevent discrimination if the harassment occurred at work, school, or in an apartment you are renting.
    If you would like more information about lawsuits, you can find an attorney through one of the referral numbers listed in Resources. The attorney will be able to evaluate your situation and advise you on the strength or weakness of any legal claims you may have. Note that any legal action must be taken promptly because there are time limits to bringing these kinds of lawsuits.

    Because some harassers seek information about their victims from government agencies, the law allows victims of harassment to request that certain information be protected. Specifically, if you are being harassed and own a motor vehicle or hold a drivers license, you can ask that your name and address be made unavailable to the public. In order to do this, you must write a letter to the Commissioner of Public Safety indicating that the private classification of the information is required for your safety or the safety of your family. You must also furnish an alternative, valid mailing address where you agree to receive any legal notices which would ordinarily be delivered or mailed to your home. Here is a sample letter.

    As was mentioned earlier, criminal prosecution can be difficult. There are many statutes which may apply, and the evidence needed to prove that harassment or stalking occurred can be difficult to obtain and preserve. There is also a much higher standard of proof, the level at which a prosecutor must convince a jury that the events occurred and that the harasser is the one who actually committed the acts, than in civil suits. In criminal prosecution, the standard is "beyond a reasonable doubt". That means the jury must be convinced beyond a reasonable doubt that the crimes occurred and that the the accused committed them before they can convict. While this is a high standard, it is not impossible to achieve. Do not let the difficulty of prosecuting a harasser prevent you from documenting, reporting, and preserving evidence. The more evidence you have preserved, and the more thoroughly you have documented and reported all incidents, the easier prosecution will be.
    If your case can be proved, the law provides different levels of punishment for harassment. Most harassment is treated as a gross misdemeanor. However, harassment can be prosecuted as a felony if: the harasser was previously convicted for violated harassment laws, was motivated by bias, was falsely impersonating someone, possesses a weapon, if the victim was under 18 and the perpetrator is more than 3 years older than the victim, or if the harassment is aimed at a juror or judicial officer.
    Criminal statutes which may apply to your case are listed below. Talk to your local law enforcement office or City Attorney about whether the harasser's conduct is covered by the Harassment laws.

1. Call 911 to report any danger or threat of danger.
   
   
2. Contact your City or County Attorney for more legal information.
   
   
3. Contact your local victim assistance program, women's shelter, or social service agency. Check the yellow pages, blue pages or ask your local law enforcement agency for help in locating these resources.
   
   
4. In cases involving harassing phone calls, contact the phone company's Annoyance Call Division, 1-800-541-3386.
   
   
5. Contact your local information and referral service, such as First Call for Help, for information about agencies in your area.

• Plea bargain agreements.
• Changes in court schedules, date, time and place of sentencing.
• Release of offender from prison or institution or transfer to a minimum security setting.
• Victim Rights.
• Prosecutor's decision to dismiss case in domestic assault or harassment situations.
• Final disposition of the case.

• Right to inform court of impact at pre-trial and sentencing.
• Right to have input in pre-trial diversion program.
• Right to object to a plea bargain.
• Right to request speedy trial.
• Right to bring supportive person to pre-trial hearing.
• Right to attend sentencing.
• Right to give objections to sentencing, either verbally or in writing.

• Tampering with a witness is against Minnesota Law.
• Witnesses do not have to give their addresses in court.
• Victims have the right to a secured waiting area during court.
• Employers may not discipline or dismiss victims who are called to testify in court.
• Victims may request that the police withhold their identity from the general public.
• Right to request that a convicted sex offender be tested for HIV.