SF 3853

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/30/2022 11:11am

A bill for an act
relating to courts; permitting certain emancipated minors to seek harassment
restraining orders on their own behalf; amending Minnesota Statutes 2020, section
609.748, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 609.748, subdivision 2, is amended to read:

Subd. 2.

Restraining order; court jurisdiction.

new text begin (a) new text end A person who is a victim of
harassment or the victim's guardian or conservator may seek a restraining order from the
district court in the manner provided in this section.

new text begin (b) new text end The parent, guardian or conservator, or stepparent of a minor who is a victim of
harassment may seek a restraining order from the district court on behalf of the minor.

new text begin (c) An emancipated minor may seek a restraining order on the emancipated minor's own
behalf if the court determines that the minor has sufficient maturity and judgment and that
it is in the best interests of the minor. If the court does not permit the emancipated minor
to seek an order on the emancipated minor's own behalf, the court may permit a reputable
adult age 25 or older to seek an order on behalf of the emancipated minor provided the court
finds that it is in the best interests of the minor.
new text end

new text begin (d) new text end An application for relief under this section may be filed in the county of residence
of either party or in the county in which the alleged harassment occurred. There are no
residency requirements that apply to a petition for a harassment restraining order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end