Ex-Parte Harassment Order

You might also like

Download as pdf
Download as pdf
You are on page 1of 12
7/31/2017 6:58:08 AM Ted ee ee 2? JUL 31M 16 2 o> State of Minnesota ce Foouny adie Dis eon Devi Rocks, Samantha Ruck and bie Minos Cire Order Granting Petitioner Petition for Ex Parte Harassment Restraining Order vs (Mina, Stat. $609. 748) eindee Elise Evayol 2 Respondent pase upon Petitioner's Affidavit and Petition for x Harassment Restraining Order and aeher information provided to the Court, THE COURT FINDS: ser van unedited presen danger of hassment to jeatiy tmporary rele, fx Thice are reasfiiegronds fo eli that Resp: has Rasen Petiones minor hitdren inchnde inthe petition) 3s flows [C) fpsiaty ot sexy assoulted die Petitioner, Followed, pursued or stalked the Petitioners Tl Made uninvited visits t the Petite = Made barassing phone calls the Fe 52} Made treat so the Petitioner: 2 Piinened Pottioer oth threatening Devoe, Fri rcke ino and entered the Petitioner's residencr: {Ey Damaged the Petitioners property: Ey stole propery from the Petitioner Fe Teak pots ofthe Petitioner wsbout peision of he Feo FF Tosca private enel images of Paint without PemnisSo8 of the Petitioner. 7) Used persona! information, without eonsea to engage ina sexaal act with the Petitioner, se repent tet mest the Jal definition of targeted es ental picketing” Cae bsenalng public events air bing noe’ ha Respondent's resenee the arassing to Petitioners iicner, vite, encourage, or Solicit a third party [El The harassment has had or is snteiiad #0 have a substantial adverse elfecr on Petitioner's safety, security, or privacy. uD BRST OSTRCT Co Patitionce request cut hearing, RB oon crt IT 1S ORDERED: _ MUL 28 2017 anoot owe, ENG RevOvt? sin cout goons page 1084 1085 7/31/2017 6:59:28 AM Alva eerie t. © The request for temporary relief is ‘granted and: Fae rein elnorhaese bj Peionee Bs Peitne’s nar ites cr art) ‘The minor child/ren or ward(s) included in the Petition are: Glanns. Ruki, Nia Rucki, And Gino Ruck! pee Storie ae 5 Respoedent shalt have no director nine contact ls ES Vetitioner 62 Petitioner's Renae urd), inchding any vss oor phone east he proveitd Perr), rg means auch es eo or scl networking is, tent OF sel conic! vi line protected person(s, damaging oF stealing Prperty belonzng the vente pesoas) breaking iio and entering the proved prot ASN and/or raving pictures of a protected person wihout persion of te Pestioncs. (Respondent home at: piohibited from being within, _of Paiitiones's rr Tie 1 Respondent is prohibited from being within of Petitioner's Sian job site aes Bother: Respondent shail not name any member otthe Ruck! Farily— any.blog posing, social matia.pesting. crntemnst posting ———— £5 this Reainng Oder 'snefTst it _—Ja-20, 2019-9 changed by ter deine Respondent can ask the cour change or vacate the Restraining Order by ear panyor Heying witha 20 day of thedate of sevice of he peison 3, Co Atrearing willbe held 25 at aes) “Tac heaing i scheduled because: (1 Petitioner requested a easing [1] Peon’ mae restraining ordar for longer than 2 years and the court warts more information about the need or a longer restraining onder, ee Respondent shall appear personally is Court for the hear’ and explain why the requests made in the Petition should not be granted. Petitioner shall appear personally sea for the hearing and provide proof thas the statements im the Petition are trae nnd that Respondent's actions are harassmsent, HARen2 Stole ENG... RevOrsn7 rs incite OTE age ott 1085 7/3/2017 7* 0:50 AM a7al @ 06/19 -phe Coun Administrator shall send 8 COPY af this Order to the following law enforcement agencies: Dakota “County Sheriffs Department endl keville cate Department, which have aulhoriy OC, The residence of the Failioreds) Every police department and inerif?'s office in the United States, including, Peemogfliated with tribal and territora) Iakts, is responsible for enforcing this Order aaeger 18 U-S.C. § 2268 Full Faith and ‘Credit of Protective Orders. 5, afresponden isan organization this oer [sna not apply tall memes ofthe oxgeniration 6. [[] Petitioner made a request 10 Keep information confidential. ‘Tis information shall not be accesible 6 he publi, but shal be accesible £0 Ow Fervonnel and law enforeoment fF Trasposes of service of OSES, conducting @ Frvestigation, or enforcing an ord + ter ae a eee The sherif of any county in Minnesola OFF office, shal perform the duties feiatng To ef tis Order without charge othe Peione 49, vis not a violation ofthis order if tbe PaeT pursue or paricipate in Voli ‘mediation Through court approved mediation Program che pany wanting 10 mediate must Corea the ‘Mediation program directly to arrange * iofshe may aot contact the omer Pay irectly oF Trough friends or relatives. ‘Te median programs will determine if mediation acceptable rages Minnesota mediation guidelines (Minn. iar § 494,03 and Minn. Gen, Re Prat 114). tea nearing is scheduled and Respondent SE ig attend the hearing, s Haracenent Reuusining Order may be granted. FaNsr oes epondent to appear WILL NOT be Reatraivto eviminal charges agsinst Responder, Resmsfion of any part ofthis Order: If gerenes ty Goes not attend the hearing this case ™2Y be dismissed. any conduct by the Respondent in visletoe athe specific provisions provided in Sects 1 A omonstcres a viotation of this Harasament aetraining Order. A police officer shalt abont Respondent without warrant and 1244 a tart [ll if police officer believes hat Respondent has violated this Restraining O° all bold Respondent i> ail for at ease eipei, excluding the day of arrest, Sundays, ae egal holidays, unless the Respondent sespoved earlier by a juage or judicial officer. pane sm Reem: smemneouts gover Page 3014 1085 7/31/2017 7:01:45 AM Aa7al ee Violation of this Harassment Restraining Order may Pe treated as a misdemeanor, Bross Vielen or, or felony. A misdemeanor violation may result 2 sentence of up to 90 days aja andor a $1000.00 fine. Some repeat violators aS Ee ‘misdemeanors and may result io aaargice of wp to one year in jal andor a $3,000.00 Tne, ‘Other violations are felonies ing may result in @ sentence of imprisonment for ¥P Me five years and/or # $10,000 fine. A person who engages in a pattern of harassing Tonduet is guilty of 2 felony and may be aereemced to imprisonment for up o ten years andior # Fine (oF $20,000.00. Dated sis Referee of District oe ig. Snaug karen Yocom Arpheray r0i79720 143848 pa Sesser pe iuage of ata Court Distribution Copy for Pettoness) Copy for Respondert(s) apy for fle ational returned = Eb) fr lea plie depenment Copy for Steril ier ewe sian oa,nevoth? oa meeps gots roveacte 1085 J/31/2017 7:02:15 AM areal EE Tmportant Notice to Respondent al Ifyou are served with these papers, one ofthe following has happened (see attashed papers for speciis): A temporary harassment restraining order has been issued against you. A hearing fas Pesn scheduled. OR A temporary harassment restraining order has been issued agaist you. A hearing has not been ‘cheduled, You have 20 days from the date of service of the Temporary Restraining Order to request a hearing. oR “e Noharassment restraining order has been issued a this time. hearing has been scheduled. 1s No harassment restraining order has been issued at this time. You have 20 days from the date of service of the Petition to request a hearing, Review the attached papers carefully. What is a Harassment Restraining Order? Seaton who i 2 victim of farassment may sec restraining order from the Court. The pare fqurdian ofa minor who isthe vet of harassment may seek @esraning order on bebalf of loot aeacreraining onder prohbis harassment. A resraning order may be issued against an individual who has engaged in harassment, against organizations that have sponsored or promoted harassnent What is Harassment? Under Minn Sint. § 609,748, harassment is defined as 1A single incident of a. physical or sexual assault, oF b,. stalking in which the victim's personal information is used by another without consent ofthe Metin, to invite, encourage, or solicit a third party o engaue in a sexual act with the vitim (See Minn. Sat, § 600,749, subd. 2 clause (8)), oF e._intentionally disseminating a private image of the vietim, without consent of the victim, that shows the victim in asexual actor whose intimate parts are exposed, in whole or in part, and the victim is identifiable by the victim or by another person or fiom personal information displayed in connection with the image. (See Minn. Sut. § 617.261 ‘Repeated incidents of intrusive or unwanted ae’, words or gestures that have 2 substantal adverse ‘effect or are intended 1o have @ substantial adverse effect on the safety, security or privacy of ‘another, regardless of the relationship between the victim and the alleged harasser. 43, Targeted residential picketing, which includes: HAR2O1 Site ENG REVIT ‘wiv mncourts gowlarms Page tof? 1085 7/31/2017 7:03:04 AM a7al a. marching, standing, or patrolling by one or mare Demons dice saan building in a manner tat adversely affects the S2s ‘occupant of the building, and @ Uvris ted solely at « pariular ‘security, or privacy of +p. marching, standing, or patrolling by one or more Psteons hich prevents an occupant of & arsenic building from gaining access to or exiting fom the property om residential building is locates. ‘which the 4 Apter of atending pie evets afer beng noe that one's sence {s harassing to another. ‘Change of Address: rie aportant thatthe court knows your mailing address (0 send you notices. If your mailing address Changes give court administrator your ew mailing adress Hearing: aera the right t request a hearing. If = temporary reset order has been issued, you have 20 days from the date the petition is served t0 file @ Request or Hearing with the court, You will be required jual conduct, or urless YOu to pay a civil filing fee unless the petition alleges stalking or criminal sex! : Guilty 2s low income, You may complete and fle TEP form that wauld be reviewed by 2 j seand detenmine whether to waive your filing fee. TFP forns © available “Te court wil notify the parties with a date and time 19 appear for ahearing. jons: Jreay be charged with a misdemeanor, subject 10 2 extents of up to 90 days in jail you violate it. $1000 0, if you are aware of the existence of a esrainihg order and siotaions are gross misdemeanors that may resuit in @ StS ‘of up t0 one $hooo.00 Aine. Other voltons ae felonies that may es 08 sentence of imprisonment for UP judge who from the court administrator andjor a fine of Some repeat jear in jail and/or to five Years andor a fine of $10,000.00. A person who engtas! in a pattem of harassing conduct is guilty of & {Elony end may be sentenced to imprisonment for up 19 fen YEE andlor a fine of: oe Sed and taken inf custody without warrant if peace of thas probable cause ve aerons ofthe resting order. You wil be held in all fr least 36 hours, excl in vclardays, and legal holidays, unless you are released eae bye ao othe restaiing order aso cnstitles contempt of court. See Minn. wan2or Sisto ENG REVIT swrnemneourts govlloms 1085 ‘520,000.00, You may to believe you are Juding the day of judge of judicial officer Stat. § 609.74 8, subd. 6, Page 2012 FPBLP2OLT 1:03:52 AM aral a Awe State of Minnesota District Court County Tosicial District: Court File Number: Case Type Fiarassment In the Matter of: Petitioner Request for Hearing (Minn. Stat. § 609.748) vs. Respondent | ce Tam the Petitionet/Respondent in this action, My current address is ce My telephone mumber is: For Respondent oily: 1, the Respondent in this matter, was personally served by the |__ (or received a copy of the papers by United 0_}. police/sheriff on _ States mail on 1 respeetfilly request the Cou to hold 2 hearing-in the sbove-entitled action, I understand that any harassment restraining order issued by the Court shall remain in full foree and effect until the date of the hearing. ‘Dated: its Petitioner Respondent NOTE A hearing will not be held unless you request one within 20 days of service of the Petition. Ifa ‘Temporary Restraining Order has been issued, then you only have 20 days from the date the petition was served to request a hearing, To request a hearing, complete this form and etum it to the court administrator along with the civil filing fee. If you can not afford the filing fee, contact the court for instructions, If the petition alleges stalking or criminal sexual conduct, ‘then you are not required to pay the civil filing fee when requesting a hearing, HAR3O1 Slate ENG | Rev7Ni7 ‘wove mncourts gowforms Page 1011 1085 7/31/2017 7:04:58 AM aval @ 2aree State of Minnesota ze County of Dakota | Tudicial District: || Court File Number: | Case Type: Petitioner’s Affidavit and Petition for Harassment Restraining Order (Minn. Stat. § 609.748) Respondent Petitioner it (Name: eae area eee] (Person harassing you or your minor child): Pees crise tees | es Biase ace) T Address: ‘Name: 19675 Irland Place L ‘Address: yore 90m Steet Ok. Lakevtle, NI $5044 | [Date of Bits | 02031963 | lous, wn 3650 Oa behalf of: (names of minor childres | ho are vietims of harassment and theit | dates of birth) Z ie eg |~ Name: 1 inane = ieieieiete ia DOB: | ow23001 ate of Bink: S20 | | Name: DOB: f known, or approximate age) | sine uo vo is STATE OF MINNESOTA > COUNTY OF DAKOTA. ss (County where affidavit is signed) ae JUL 27 2017 Tunderstand that I must tell the truth. I state that: 1. Jam the Petitioner inthis ease. The victim of the harassment is 1 me GH a minor child for are the guardian, attach a copy of whom Tam the parent, legal guardian or stepparent. (If you the order appointing you.) The name of each vietim, other than me, is: anna Ruck. Nia Ruck ar Gino Rue How does each vietim know the Respondent and what is their relationship? _ gesnandent vas found gully of sa flan outs of denvevaon af parental sich after nae ald in he csananerance of wo unty Coutt Fle No. 1SHACR-15-4227 ‘of my chien for S¢4 days, was the vilim. Please see Dakota C 1f you are filing on behalf of another person, what is your relationship t0 each vietim? 1.9m the father ofthe minor chien sted above, HARIO2 State ENG Rev916 — wawmncourts govtorms Page tot 1085 7/31/2017 7:06:05 AM Aral nae 2. a) How many restraining orders have been in effect, ordering Respondent to say Sy from the victims you included at #1 sbove? none Clone C1 two or more. For each restraining order provide: Court File Number, if known. County and State where the court is located See conditons of probation a8 ordered in Court Fie No. | __Dakota County. MN _1BHAGR 15-4227 ae is 1) Does Respondent have a current Harassment Restraining Order or Order for Protection against you? DD Yes, Case File Number (if known) [No, Lam not aware of any. 3, The following court cases involve me and the Respondent in issues of child custody or parenting time: Court File Number County and State where the cour is located | ne | 7 4, Respondent has harassed the vietim(s) as follows: = Checkall boxes that apply and give the date and deiails of each incident. © Togota Restraining order, you must describe actions that meet the legal definition of ‘harassment in Minnesota. See the Instructions for the definition of harassment. «Ifyou need more space, attack a full sheet of paper and continue your description there Do not write on the back. 1 Respondent physically or sexually assaulted the vietim as follows Sse Ege EEE rE TET EC Cece Cee OF Respondent has followed, pursued or stalked the victim as follows: 1D Respondent made uninvited visits to the victim as follows: HARI02 State ENG Rev9i16 wnwsmneourts.goviforns Page 2 of 5 1085 PISLL2017 7:06:44 AM 47al @ igtlo 1 Respondent made harassing phione calls to the victim as follows 1 Respondent made threats to the victim as follows: Aesenaetna eeresin ene aerate st sey any rc eaten ne rbd pate Rasard oie wpston og ured y Retro sb moet tec my oi nung fe segaons, pos ane ryan 1 Respondent frightened the vietim with threatening behavior as follows: 1 Respondent broke into and entered the vietim’s residence as follows; —____ D1 Respondent damaged the victim's property as follows 1D Respondent stole property from the victim as follows: 1D Respondent took pictures of the victim without permission as follows: Respondent shared private sexual images ofthe victim without permission as follows: _ 1 Respondent used the victim’s personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the victim as follows HARI02 State ENG Rev9/16 ww mncaurs.goviforms Page 901s 1085 sf3is2OL/ 20/214 AM Afal eee 1D More than once, Respondent has done acts that meet the legal definition of “targeted residential picketing” by; 1 Ttold Respondent not to come to certain public events that I or the children attend because: ‘After tbat, Respondent attended public events Vwe attended: (List dates, places and name of events) “Those acts by Respondent show a pattern of attending public events while knowing that attending is harassing to me/children, © Other: (annie eee e 5, Describe the effect the harassment has upon the victim's safety, security or privacy: exsoint canines te posierratn sbi my ay soln my hams, rea ant ter mantener. eter sees snes tune eos uns cena ne continue? Why? 6. Do you believe the harassment wil 1, ask the Court to issue a Restrining Order as follows: Check all boxes (a through e) that apply. Gea, Respondent shall not harass (me (minor child (ren) for whom Tam the parent, regal guardian, or stepparent. List the full names of the minor children included inthis Petition: are Fuck Nia Ruck’ ond Goo ue Gib. Respondent shall have no contact with [2 me GH the minor child(gen) listed above Tc. Respondent shall stay away from where live live (address) 10675 rota Pace, Lael, UN S804 1. Respondent shall stay away from my/the victim’s job site located at Tie, Other: _ Respondent wil immediatly cease al social medi iter! or other mentions of me, my fami, chien and home HARIO2 State ENG RevOn6 —wwwmncourtsgoviforms Page 40f5 1085 7/31/2017 7:07:55 AM ata. w¢ 8. Court Hearing Petitioner: Read these Notices about a Hearing ‘© You have a right to request a court hearing: 2 ifthe Judge dismisses your case because it has no merit, no hearing The tadge can issue a Restraining Order without a court hearing is immediate and present danger of harassment. a The Judge issues a Restraining Order without a hearing, the Resp eee vwill be held. the Judge finds there yndent can request a dearing within 45 days ofthe date the Resraining Order Is issued. If Respondent requests a hearing, the court will notify you by mail atleast five days before the hearing date. + Ithere isa hearing, you must attend the hearing and prove that the silernent in your Partion & Affidavit are true, and that Respondent's actions are harassment, as defined by Minnesota law. Choose a. or b. Ha. Lam not requesting a court hearing at this time, ‘But ifthe court denies my request for a restrsining order becouse the court finds there is But A modiate and present danger of harassment, then (check one) Bi [want OLdon' want a court hearing. OR (Ob. Lam requesting a court hearing. 9, Trequest a Restraining Order for a length of: 1 years O Until the following date: ______, which is less than 2 ‘years from today. 1 Upto 50 years because: 1 Thave two or more prior restraining orders against Respondent (i isted at #2 above.) Respondent has violated a prior or existing restraining order between us on (0 oF more occasions. Tunderstand the court will likely schedule a court hearing for any re | declare under penalty of perjury that everything I have stated in correct. Minn, Stat. § 358.116. pare: 7-26-77 a Signature .quest over 2 years. ot is true and Beet sedste eer ren eee ec Name onset) ‘Address 18675 rena Pace a City/State/Zip Lstente nn 046 251.0620 Telephone (ee _) mae) : E-mail address: oret@ansi.con Notice: Ifyour address or telephone changes, you must give Court Administration your new information right away, in writing. HARI02 State ENG Rev9/1 _ www.mncourts.gowlorms 1085 Page sof

You might also like