Harassment Restraining Order Service

Harassment Restraining Order Service State of Minnesota District Court County of Blue Earth Court File Number: 07-CV-25-4215 Fifth Judicial District Case Type: Harassment In the Matter of: Elizabeth Ann Skindelien Petitioner vs. Dwan N. Montgomery Respondent Ex Parte Order Granting Petition for Harassment Restraining Order Minn. Stat. § 609.748 Based upon the Petition for a Harassment Restraining Order and other information provided to the Court, the Court Finds: 1. There is an immediate and present danger of harassment to justify temporary relief. 2. There are reasonable grounds to believe that Respondent has engaged in harassment which has or is intended to have a substantial adverse effect on safety, security, or privacy of Petitioner or Petitioner's minor children or the person subject to guardianship by committing the following acts: Used social media to harass Petitioner. 3. Fees are waived because the petition alleges one or more of the following: Harassment crimes under Minn. Stat. § 609.749, subd. 2, which means the actor, with intent to kill, injure, harass, or intimidate another person, places another person in reasonable fear of substantial bodily harm, or in reasonable fear that the person's family or household members will be subject to substantial bodily harm, or causes or would reasonably be expected to cause substantial emotional distress to another person; and that the actor commits harassment by one or more of the following: Directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act. It is Ordered: 1. The request for temporary relief is granted. Ex Parte Order Granting Petition for Harassment Restraining Order HAR802 Page 1 of 3 Rev 8/25 a. Respondent shall not harass Petitioner. b. Respondent shall have no direct or indirect contact with Petitioner, including any visits or phone calls to the protected persons, contact via electronic means such as email or social networking sites, threats or assaultive behavior to the protected persons, damaging or stealing property belonging to the protected persons, breaking into and entering the protected persons residence, and/or taking pictures of a protected person without permission of the Petitioner. If a hearing is set in this case, it is not a violation of this order for Respondent to deliver proposed exhibits to any protected person(s) through the Minnesota Digital Exhibit System (https://mncourts.gov/mndes), email or mail so long as Respondent does not include any additional commentary, information or communication with the exhibits. c. Petitioner's address is confidential. If Respondent knows or learns of Petitioner's address, Respondent is prohibited from being within 100 feet Petitioner's home. 2. Any requested relief that is not specifically listed above is denied. 3. This Restraining Order shall remain in effect until October 22, 2027, until a hearing is held, or until changed by a later court order. Respondent can ask the court to change or vacate the Harassment Restraining Order by filing a Request for Hearing (HAR301) within 20 days of the date of service of the petition. 4. Court Administration shall send a copy of this Order to law enforcement agencies with authority over the residence of the Petitioner. Every police department and sheriff's office in the United States, including those affiliated with tribal and territorial lands is responsible for enforcing this Order under 18 U.S.C. § 2265 Full Faith and Credit of Protective Orders. 5. It is not a violation of this order if the parties pursue or participate in voluntary mediation through court-approved mediation programs. The party wanting to mediate must contact the mediation program directly to arrange it. They may not contact the other party directly or through friends or relatives. The mediation programs will determine if mediation is acceptable under Minnesota mediation guidelines (Minn. Stat. § 494.03 and Minn. Gen. R. Prac. 114). 6. Pursuant to Minn. Stat. § 609.748, subd. 3a, Petitioner's filing fee and all other fees are WAIVED. Petitioner shall not be required to pay any fees in this case. Respondent's filing fee is WAIVED, but Respondent shall be required to pay all other fees in this case. Ex Parte Order Granting Petition for Harassment Restraining Order HAR802 Page 2 of 3 Rev 8/25 7. The sheriff of any county in the State of Minnesota, or any peace officer, shall perform the duties relating to serving this Order without charge to Petitioner. Notice If a hearing is scheduled and Respondent does not attend the hearing, a Harassment Restraining Order may be granted. Failure of Respondent to appear will not be a defense to criminal charges against Respondent for violation of any part of this Order. If Petitioner does not attend the hearing, this case may be dismissed. If a hearing is scheduled, both parties must be prepared on the scheduled date. Either party may be asked to testify at that time, or depending on the Court's calendar, the hearing may be rescheduled. All anticipated exhibits, such as police reports, hospital and doctor reports, pictures, witnesses, or other items, must be submitted to the Court and shared with the opposing party at least 48 hours in advance of the hearing using the Minnesota Digital Exhibit System (MNDES), which may be accessed at https://mncourts.gov/mndes. The parties shall enter a three-digit exhibit number and an exhibit description for each exhibit submitted through MNDES. When entering exhibit numbers, Petitioner shall use numbers 001 to 100, and Respondent shall use numbers 101 to 200. Any party with more than 100 exhibits shall seek further direction from the Court on how to number exhibits. You may not be able to use exhibits that are not submitted and shared at least 48 hours in advance of the hearing or statements from persons who are not at the hearing as witnesses. Any conduct by Respondent in violation of the specific provisions provided in the "It Is Ordered" section above constitutes a violation of this Harassment Restraining Order. A police officer shall arrest Respondent without warrant and take Respondent to jail if the police officer believes Respondent has violated this Order and shall hold Respondent in jail for at least 36 hours, excluding the day of arrest, Sundays, and legal holidays, unless the Respondent is released by a judicial officer. Violation of this Harassment Restraining Order may be treated as a misdemeanor, gross misdemeanor, or felony. A misdemeanor violation may result in a sentence of up to 90 days in jail and/or a fine of $1000.00. Some repeat violations are gross misdemeanors that may result in a sentence of up to 364 days in jail and/or a $3,000.00 fine. Other violations are felonies that may result in a sentence of imprisonment for up to five years and/or a fine of $10,000.00. By the Court: Anderson, Digitally signed by Anderson, Gregory (Judge) Gregory (Judge) Date: 2025.10.22 12:05:25 Judge of District Court Date: Ex Parte Order Granting Petition for Harassment Restraining Order HAR802 Page 3 of 3 Rev 8/25 November 20 2025 LILS0410312