Legal Question in Criminal Law in Minnesota

Re: Harrassment

Thank you for your question.

This can certainly be a difficult problem. In the most general terms, your son has the right to defend himself if he is assaulted, but I would not encourage him to engage in a physical confrontation under any circumstances, and in fact, the law suggests that he may have a duty to retreat. He can certainly report the incidents to the police, and he also has the right to petition the court for a harassment restraining order. He will need to go to the courthouse in your county and file a petition. In most circumstances, he will not be required to pay the court's filing fee, and many counties have a clerk or volunteer available to assist you him in the preparation of the required paperwork. It does not matter that the respondent is a juvenile. The law merely requires that the juvenile respondent's parent(s) also be served.

Good luck, and remember, avoid "taking the law into your own hands." The only time anyone usually asserts they have the "right of self defense" is when they have been charged with an assault, and they are defending themselves against a criminal charge. Don't let your son put himself in that position. If there's a problem, file a harassment petition. Feel free to contact my office if you have questions about this matter.