RaptInPlastic
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- Joined
- Apr 19, 2025
(Machine generated.)
TROs in Minnesota: What They Typically Prohibit
A TRO issued under Minn. Stat. § 609.748 (the Harassment Restraining Order statute) often includes one or more of the following prohibitions:- No direct contact with the petitioner (in person, phone, email, text, social media, etc.)
- No indirect contact, including via third parties or public messages intended to be seen by the petitioner
- No harassment, stalking, or surveillance
- No posting about the petitioner online — if the judge includes a specific order limiting public speech
Are YouTube Videos or Tweets a Violation?
1. If the content is directed at the petitioner: YES
- If the respondent mentions the petitioner by name, reference, or implication (e.g., calling them “the liar who filed that restraining order”), this is often considered a breach, even if it’s posted publicly.
- Courts have held that posting harassing or intimidating content online that is clearly intended for the petitioner to see can violate the TRO — even if there's no direct message or tag.
2. If the content is not directly addressed to the petitioner: MAYBE
- General content (e.g., “Here’s what happened to me last year” with no identifying details) might not violate the order — but it’s risky.
- If the intent or likely effect is to cause emotional distress or invite others to target the petitioner, courts may still consider it harassment or indirect contact.
3. If the order explicitly bans all public commentary or online discussion about the petitioner: YES
- Some judges include special clauses barring all discussion of the petitioner on social media or public forums.
- In such cases, any reference — even vague or coded — may be a violation.
Minnesota Case Law and Precedent
Minnesota courts take violations seriously, especially involving online conduct. Relevant points from case law:- Courts often look at intent and impact, not just literal wording. If the petitioner can show they saw the content and were reasonably distressed, it can support a violation finding.
- Even coded language, initials, or inside jokes — if clearly aimed at the petitioner — can count.
- Posting to a large public audience doesn’t protect the respondent. The question is whether the content was targeted at the protected party, directly or indirectly.
Possible Consequences of Violation
Violating a TRO is a criminal offense under Minn. Stat. § 609.748, subd. 6 and may result in:- Misdemeanor or gross misdemeanor charges
- Jail time and/or fines
- The judge being less likely to dismiss the full HRO at the contested hearing
- Loss of credibility in future court proceedings
What About Free Speech?
The First Amendment does protect free speech, but:- It does not protect targeted harassment, threats, or violations of court orders.
- Once a TRO is in place, the respondent’s speech can be legally restricted in certain ways to protect the petitioner’s safety and peace of mind.
Summary
Action | Likely Violation of TRO? | Notes |
---|---|---|
Posting a video naming the petitioner | ![]() | Direct contact/harassment |
Subtweeting about the petitioner | ![]() | Depends on clarity and tone |
General content not about petitioner | ![]() | But risky if it implies harassment |
Making fun of the HRO publicly | ![]() | Courts consider intent and effect |
Encouraging others to contact petitioner | ![]() | Indirect contact via third parties |
Silent or coded reference | ![]() | Can still be seen as targeted |
...
Just to be on the safe side Felton and skelefag should pack a toothbrush.
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