HF 1190

as introduced - 87th Legislature (2011 - 2012) Posted on 03/17/2011 09:52am

A bill for an act
relating to public safety; allowing minors age 16 or older to file petitions for
orders for protection on their own behalf; amending Minnesota Statutes 2010,
section 518B.01, subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 518B.01, subdivision 4, is amended to read:

Subd. 4.

Order for protection.

There shall exist an action known as a petition for
an order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household
member personally or by a family or household member, a guardian as defined in section
524.1-201, clause (20), or, if the court finds that it is in the best interests of the minor, by a
reputable adult age 25 or older on behalf of minor family or household members. A
minor age 16 or older may make a petition on the minor's own behalf deleted text begin against a spouse
or former spouse, or a person with whom the minor has a child in common, if the court
determines that the minor has sufficient maturity and judgment and that it is in the best
interests of the minor deleted text end .

(b) A petition for relief shall allege the existence of domestic abuse, and shall be
accompanied by an affidavit made under oath stating the specific facts and circumstances
from which relief is sought.

(c) A petition for relief must state whether the petitioner has ever had an order for
protection in effect against the respondent.

(d) A petition for relief must state whether there is an existing order for protection
in effect under this chapter governing both the parties and whether there is a pending
lawsuit, complaint, petition or other action between the parties under chapter 257, 518,
518A, 518B, or 518C. The court administrator shall verify the terms of any existing order
governing the parties. The court may not delay granting relief because of the existence
of a pending action between the parties or the necessity of verifying the terms of an
existing order. A subsequent order in a separate action under this chapter may modify
only the provision of an existing order that grants relief authorized under subdivision 6,
paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there
is a pending action between the parties.

(e) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.

(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion
and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist with
the writing and filing of the motion and affidavit.

(g) The court shall advise a petitioner under paragraph (e) of the right to serve the
respondent by published notice under subdivision 5, paragraph (b), if the respondent is
avoiding personal service by concealment or otherwise, and shall assist with the writing
and filing of the affidavit.

(h) The court shall advise the petitioner of the right to seek restitution under the
petition for relief.

(i) The court shall advise the petitioner of the right to request a hearing under
subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
advise the petitioner that the respondent may request a hearing and that notice of the
hearing date and time will be provided to the petitioner by mail at least five days before
the hearing.

(j) The court shall advise the petitioner of the right to request supervised parenting
time, as provided in section 518.175, subdivision 1a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end