Minnesota Appellate Opinions

Published opinions of the Minnesota Supreme Court and Court of Appeals, collated from public records. 148 opinions matched; showing 101–148.

Filtering by: “harassment restraining order” Full archive · 1930–present Limit to last 10 years Clear ×
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A14-599 Minn. Ct. App. 2015-02-02 Affirmed Rachel Marie Davies f/k/a Rachel Marie Mehralian v. Ali Mehralian
… Appellant challenges the district court’s grant of respondent’s petition for a harassment restraining order (HRO). We affirm. FACTS Appellant Ali Mehralian and respondent Rachel Davies are d …
A14-1111 Minn. Ct. App. 2015-02-02 Affirmed Casey Craig Schueneman v. State of Minnesota
… in which he drove his vehicle into another vehicle driven by a woman who had a harassment restraining order (HRO) against him. The state later charged Schueneman with violation of the HRO. Before trial, the Minnesota Department of …
A14-198 Minn. Ct. App. 2015-01-12 Affirmed Westbrooke Condominium Association d/b/a Meadow Creek Condominiums v. Melvin Pittel
A14-1675 Minn. Ct. App. 2015-01-05 Affirmed State of Minnesota v. Thomas Wayne Eilertson
… uires an intent similar to felony aggravated stalking or felony violation of a harassment restraining order, because the offenses all require proof of intent to influence or tamper with a judicial proceeding or otherwise retaliate agains …
A14-179 Minn. Ct. App. 2014-12-15 Affirmed State of Minnesota v. Michael Antwon Common
… olation of an order for protection [OFP] under section 518B.01; violation of a harassment restraining order [HRO] under section 609.748; or violation of section 609.749 or 609.79, subdivision 1.” Minn. Stat. § 634.20. We conclude …
A14-32 Minn. Ct. App. 2014-12-15 Affirmed State of Minnesota v. Ali Mehrallian
… In March 2012, while Mehralian and R.D. were separated, R.D. obtained a harassment restraining order (HRO) from the Dakota County District Court. The HRO prohibited Mehralian, for two years, from harassing or having any contact wit …
A14-71 Minn. Ct. App. 2014-12-01 Affirmed in part, reversed in part, and remanded State of Minnesota v. Jeremy Ed Cadwell
… abuse, violation of an order for protection . . .; violation of a harassment restraining order . . .; or [stalking] or [obscene or harassing telephone calls]. The district court may admit relationship evidence “ …
A11-1930 Minn. Ct. App. 2014-11-24 Affirmed State of Minnesota v. Steven Robert Latham
… 780. As respondent points out, the record does not contain the petition for a harassment restraining order, but there is an unpublished opinion affirming appellant’s challenge to the issuance of the HRO, which states that it was issued b …
A14-67 Minn. Ct. App. 2014-11-24 Reversed and remanded State of Minnesota v. Lori Elaine Christensen
… N JOHNSON, Judge Lori Elaine Christensen pleaded guilty to violating a harassment restraining order. She later moved to withdraw her guilty plea, but the district court denied the motion. We conclude that the guilty plea is inval …
A13-1736 Minn. Ct. App. 2014-09-22 Affirmed State of Minnesota v. Michael Lee Everly
… the handwriting did not belong to E.L. On July 6, 2009, E.L. obtained a harassment restraining order (HRO) in Hennepin County precluding appellant from contacting her. Appellant, who lives in California, was in Minnesota at the ti …
A14-220 Minn. Ct. App. 2014-09-15 Affirmed Jeffrey Philip Dawson v. Sara Rhea Taylor, County of Dakota, Intervenor.
… hout impairing the district court’s decision. See Minn. R. Civ. P. 61. Harassment restraining order Finally, mother challenges the district court’s finding that a harassment restraining order (HRO) she obtained against fat …
A13-1682 Minn. Ct. App. 2014-09-02 Reversed and remanded State of Minnesota v. Thomas Wayne Eilertson
… ated stalking, Minn. Stat. § 609.749, subd. 3(a)(4), and felony violation of a harassment restraining order, Minn. Stat. § 609.748, subd. 6(d)(5). And, as with filing a fraudulent financing statement, that intent is what determines the s …
A13-1661 Minn. Ct. App. 2014-08-25 Reversed Peter Wells Fischer v. Gene A. Rechtzigel
… llant Gene A. Rechtzigel challenges the district court’s order that extended a harassment restraining order (HRO) barring him from entering respondent Peter Wells Fischer’s property and allowed Fischer to remove iron monuments on his prop …
No. A13-0554 Minn. Ct. App. 2013-11-18 Denied State v. Klug
… usty Karl Klug with misdemeanor domestic assault and misdemeanor violation of a harassment restraining order in October 2011. Over the course of the following year Klug periodically communicated with the prosecutor in an effort to reach a p …
No. A12-1911 Minn. Ct. App. 2013-07-01 Granted Fiduciary Foundation, LLC v. Brown
… that the court abused its discretion by (1) not vacating the ex parte temporary harassment restraining order (THRO) and (2) issuing the ex parte HRO. Because appellant did not timely file a hearing request under MinmStat. § 609.748, subd. 4 …
No. A11-1793 Minn. Ct. App. 2012-09-10 Granted State v. Watkins
… rson, 812 N.W.2d 156, 160 (Minn.App.2012) (discussing felony-level violation of harassment restraining order). And while appellant stipulated to the previous qualified domestic-violence-related offense convictions, thereby removing that que …
Nos. A12-0290, A12-0291 Minn. Ct. App. 2012-08-20 Denied State v. Ness
… 2d 500, 502-03 (Minn.App.1993) (holding that a defendant who failed to appeal a harassment restraining order in the case in which it was issued could not challenge the constitutionality of that order in a subsequent criminal prosecution for …
No. A11-90 Minn. Ct. App. 2012-02-06 Granted State v. Gunderson
… ION MINGE, Judge. Appellant challenges his conviction for felony violation of a harassment restraining order (HRO), arguing that the district court erroneously instructed the jury regarding the elements of the crime, that the district court …
No. A10-1467 Minn. 2012-01-25 Dismissed In re Disciplinary Action Against O'Brien
… mber 2009. O'Brien agreed to represent D.M. in two matters: (1) the appeal of a harassment restraining order to the Minnesota Court of Appeals; and (2) the appeal of a conciliation court judgment to the district court. With respect to the f …
No. A10-2145 Minn. Ct. App. 2011-12-27 Modified Rew v. Bergstrom
… vision 6a(b). He cites Dunham, 708 N.W.2d at 552 , to support his argument that harassment restraining orders may only limit unprotected speech, such as “fighting words” or “true threats.” And he argues that we should follow State v. Machho …
A09-1447 Minn. Ct. App. 2010-08-17 Dismissed State v. Barnslater
… use, violation of an order for protection under section 518B.01; violation of a harassment restraining order under section 609.748; or violation of section 609.749 or 609.79, subdivision 1. “Domestic abuse” and “family household members” ha …
A07-874 Minn. 2009-11-05 Denied State v. Schlienz
A08-1667 Minn. Ct. App. 2009-09-15 Denied State v. Utter
… S. had phone contact with appellant approximately 100 times and L.S. obtained a harassment restraining order prohibiting appellant from having any contact with L.S., including telephone contact. On April 5, 2007, L.S. received a call from a …
A08-0931 Minn. Ct. App. 2009-08-18 Denied State v. McCurry
… imited to” domestic abuse, violation of an order for protection, violation of a harassment restraining order, violation of the harassment/stalking statute, or violation of the harassing/obscene-phone-call statute. Id. Domestic abuse, as inc …
A08-1900 Minn. Ct. App. 2009-08-11 Denied State v. Stockwell
A08-0580 Minn. Ct. App. 2009-05-12 Granted In Re the Marriage of Dahl v. Dahl
… inor children an order for protection (OFP) against father and granted mother a harassment restraining order (HRO) against father’s mother. Father, his mother, and her boyfriend also commenced a separate action seeking visitation with C.S. …
A07-1244 Minn. Ct. App. 2008-12-09 Dismissed State v. Romine
… general rule also applies in the context of a prosecution for a violation of a harassment restraining order. In State v. Harrington, 504 N.W.2d 500 (Minn.App.1993), review denied (Minn. Sept. 30, 1993), this court held that a defendant who …
A07-0907 Minn. Ct. App. 2008-09-16 Denied State v. Word
… , violation of an order for protection under section 518B.01, or violation of a harassment restraining order under section 609.748.... Because Word and J.S. have a child in common, section 634.20 applies here. MinmStat. § 518B.01, subd. 2(b …
A07-2175 Minn. Ct. App. 2008-09-16 Denied Peterson v. Johnson
… OPINION JOHNSON, Judge. Bryan Craig Johnson appeals from the issuance of a harassment restraining order. The district court found that Johnson harassed Brent William Peterson by observing the interior of his pickup truck when it was parked …
A07-0825 Minn. Ct. App. 2008-08-26 Denied State v. O'MEARA
… tions of pattern of harassing conduct, harassment, *31 multiple violations of a harassment restraining order, and falsely reporting a crime, appellant challenges his convictions and sentence. We affirm. FACTS Appellant Thomas O’Meara and R. …
A07-1784 Minn. 2008-07-17 Reversed Hannon v. State
… s, to preclude testimony about tainted evidence, to preclude any reference to a harassment restraining order obtained against Hannon, and to preclude opinion testimony that a certain shirt was owned by Hannon or worn on the date of the murd …
A06-2335 Minn. Ct. App. 2008-06-03 Denied State v. Meyer
… use, violation of an order for protection under section 518B.01; violation of a harassment restraining order under section 609.748; or violation of section 609.749 or 609.79, subdivision 1. 'Domestic abuse’ and 'family or household members’ …
A06-882, A06-1417 Minn. Ct. App. 2007-05-22 Denied Szarzynski v. Szarzynski
… t. FACTS When the parties’ marriage deteriorated, mother obtained an April 2003 harassment restraining order against father. That order limited father’s access to the children. The parties’ April 2004 dissolution judgment awarded father the …
A05-2043 Minn. Ct. App. 2006-04-04 Denied In Re the Civil Commitment of Stone
… ed in a conviction of fifth-degree assault. In 2003 the district court issued a harassment restraining order against Stone because he followed, pursued, or stalked JPW, a fourteen-year-old girl. Stone violated this order by continuing to ha …
A05-1616 Minn. 2005-11-07 In Re Disciplinary Action Against Trudeau
… s by installing and using an email spy-ware program. Respondent also violated a harassment restraining order and orders for protection, made false statements to police officers while intoxicated, and filed frivolous litigation against one o …
A04-1722 Minn. 2005-11-03 Denied State v. Berkovitz
… not be granted the conservatorship. Anna subsequently requested and obtained a harassment restraining order against Ber-kovitz. To oppose the petition, Feldman and Robert Berkovitz hired attorney Richard Hendrickson to represent them in th …
A03-1686 Minn. Ct. App. 2004-07-20 Granted Kush v. Mathison
… OPINION MINGE, Judge. Appellant challenges the district court’s issuance of a harassment restraining order, arguing that the evidence does not support the finding that his conduct constituted harassment. Because the record supports the dist …
A03-1583 Minn. Ct. App. 2004-06-29 Granted Roer v. Dunham
… erse. FACTS In June 2001, respondent Karen P. Roer brought a petition seeking a harassment restraining order against appellant Debra Ali Dunham. The district court found that Dunham engaged in specific acts of harassment against Roer and is …
CX-01-2062 Minn. Ct. App. 2002-11-05 Stayed State v. Coonrod
C1-02-243 Minn. Ct. App. 2002-08-20 Granted Beach v. Jeschke
… OPINION STONEBURNER, Judge. Appellant Gerald Jeschke appeals from a harassment restraining order issued by the district court. Because appellant’s two-sentence statement made on one occasion does not constitute harassment as defined by Minn …
C8-00-851 Minn. Ct. App. 2000-12-26 Stayed State v. Hoelzel
… wife’s residence through an open garage door to talk to her, in violation of a harassment restraining order. When she threatened to call the police, Hoelzel unplugged the phone from the wall and then walked out of the house and sat down in …
C3-99-1432 Minn. Ct. App. 2000-03-07 Granted Witchell v. Witchell
… Mathew F. Witchell (husband) challenges the district court’s order extending a harassment restraining order for two years, arguing that the district court erred in finding that there were reasonable grounds to believe that he had continued …
C2-94-1435 Minn. 1996-10-31 Granted State v. Orsello
… nd later told her she could “burn in hell.” Diane Orsello sought and received a harassment restraining order in June 1992, prohibiting appellant from contact with his family in any manner other than that allowed by a previous court order. R …
C5-95-1195 Minn. Ct. App. 1995-12-26 Granted Igo v. Chernin
… m. FACTS On December 5, 1994, Colleen Igo filed an affidavit and petition for a harassment restraining order against Chernin. A temporary order was granted, and a hearing was scheduled for December 14, 1994. Igo failed to appear, and the co …
C8-95-896 Minn. Ct. App. 1995-12-20 Denied State v. Nodes
… ION LANSING, Judge. A defendant criminally charged with a second violation of a harassment restraining order moved to dismiss the complaint, asserting that the guardian who obtained the order on behalf of her ward lacked standing. The distr …
C7-95-579, C3-95-580 Minn. Ct. App. 1995-09-12 Vacated Anderson v. Lake
… Minn.Stat. § 609.748 establishes the procedure a party must follow to obtain a harassment restraining order. The statute requires that a hearing be conducted so that the court can determine whether an order is appropriate. The statute, how …
CX-94-1473 Minn. Ct. App. 1995-03-14 Denied State v. Persons
… L F. FOLEY, Judge. This appeal is from a misdemeanor conviction for violating a harassment restraining order. See Minn.Stat. § 609.748, subd. 6 (1992). We reverse. FACTS Appellant James LeRoy Persons was charged with violating a harassment …
C-9-93-1132 Minn. Ct. App. 1993-11-16 Affirmed Welsh v. Johnson
… e Women's Health Center, P.A., in Duluth, filed an affidavit and petition for a harassment restraining order under Minn. Stat. § 609.748 (1992) against appellant Brian Johnson and two other individuals. A temporary restraining order was iss …