HF 2538

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; enacting the Uniform 
  1.3             Interstate Enforcement of Domestic Violence Protection 
  1.4             Orders Act; proposing coding for new law as Minnesota 
  1.5             Statutes, chapter 518E. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [518E.01] [SHORT TITLE.] 
  1.8      This chapter may be cited as the "Uniform Interstate 
  1.9   Enforcement of Domestic Violence Protection Orders Act." 
  1.10     Sec. 2.  [518E.02] [DEFINITIONS.] 
  1.11     In this chapter: 
  1.12     (1) "foreign protection order" means a protection order 
  1.13  issued by a tribunal of another state; 
  1.14     (2) "issuing state" means the state whose tribunal issues a 
  1.15  protection order; 
  1.16     (3) "mutual foreign protection order" means a foreign 
  1.17  protection order that includes provisions in favor of both the 
  1.18  protected individual seeking enforcement of the order and the 
  1.19  respondent; 
  1.20     (4) "protected individual" means an individual protected by 
  1.21  a protection order; 
  1.22     (5) "protection order" means an injunction or other order, 
  1.23  issued by a tribunal under the domestic violence or family 
  1.24  violence laws of the issuing state, to prevent an individual 
  1.25  from engaging in violent or threatening acts against, harassment 
  2.1   of, contact or communication with, or physical proximity to 
  2.2   another individual; 
  2.3      (6) "respondent" means the individual against whom 
  2.4   enforcement of a protection order is sought; 
  2.5      (7) "state" means a state of the United States, the 
  2.6   District of Columbia, Puerto Rico, the United States Virgin 
  2.7   Islands, or any territory or insular possession subject to the 
  2.8   jurisdiction of the United States.  The term includes an Indian 
  2.9   tribe or band that has jurisdiction to issue protection orders; 
  2.10  and 
  2.11     (8) "tribunal" means a court, agency, or other entity 
  2.12  authorized by law to issue or modify a protection order. 
  2.13     Sec. 3.  [518E.03] [JUDICIAL ENFORCEMENT OF ORDER.] 
  2.14     (a) A person authorized by the law of this state to seek 
  2.15  enforcement of a protection order may seek enforcement of a 
  2.16  valid foreign protection order in a tribunal of this state.  The 
  2.17  tribunal shall enforce the terms of the order, including terms 
  2.18  that provide relief that a tribunal of this state would lack 
  2.19  power to provide but for this section.  The tribunal shall 
  2.20  enforce the order, whether the order was obtained by independent 
  2.21  action or in another proceeding, if it is an order issued in 
  2.22  response to a complaint, petition, or motion filed by or on 
  2.23  behalf of an individual seeking protection.  In a proceeding to 
  2.24  enforce a foreign protection order, the tribunal shall follow 
  2.25  the procedures of this state for the enforcement of protection 
  2.26  orders. 
  2.27     (b) A tribunal of this state may not enforce a foreign 
  2.28  protection order issued by a tribunal of a state that does not 
  2.29  recognize the standing of a protected individual to seek 
  2.30  enforcement of the order. 
  2.31     (c) A tribunal of this state shall enforce the provisions 
  2.32  of a valid foreign protection order which govern custody and 
  2.33  visitation if the order was issued in accordance with the 
  2.34  jurisdictional requirements governing the issuance of custody 
  2.35  and visitation orders in the issuing state. 
  2.36     (d) A tribunal of this state may not enforce under this 
  3.1   chapter a provision of a foreign protection order with respect 
  3.2   to support. 
  3.3      (e) A foreign protection order is valid if it: 
  3.4      (1) identifies the protected individual and the respondent; 
  3.5      (2) is currently in effect; 
  3.6      (3) was issued by a tribunal that had jurisdiction over the 
  3.7   parties and subject matter under the law of the issuing state; 
  3.8   and 
  3.9      (4) was issued after the respondent was given reasonable 
  3.10  notice and had an opportunity to be heard before the tribunal 
  3.11  issued the order or, in the case of an order ex parte, the 
  3.12  respondent was given notice and had an opportunity to be heard 
  3.13  within a reasonable time after the order was issued, consistent 
  3.14  with the rights of the respondent to due process. 
  3.15     (f) A foreign protection order valid on its face is prima 
  3.16  facie evidence of its validity. 
  3.17     (g) Absence of any of the criteria for validity of a 
  3.18  foreign protection order is an affirmative defense in an action 
  3.19  seeking enforcement of the order. 
  3.20     (h) A tribunal of this state may enforce provisions of a 
  3.21  mutual foreign protection order which favor a respondent only if:
  3.22     (1) the respondent filed a written pleading seeking a 
  3.23  protection order from the tribunal of the issuing state; and 
  3.24     (2) the tribunal of the issuing state made specific 
  3.25  findings in favor of the respondent. 
  3.26     Sec. 4.  [518E.04] [NONJUDICIAL ENFORCEMENT OF ORDER.] 
  3.27     (a) A law enforcement officer of this state, upon 
  3.28  determining that there is probable cause to believe that a valid 
  3.29  foreign protection order exists and that the order has been 
  3.30  violated, shall enforce the order as if it were the order of a 
  3.31  tribunal of this state.  Presentation of a protection order that 
  3.32  identifies both the protected individual and the respondent and, 
  3.33  on its face, is currently in effect constitutes probable cause 
  3.34  to believe that a valid foreign protection order exists.  For 
  3.35  the purposes of this section, the protection order may be 
  3.36  inscribed on a tangible medium or may have been stored in an 
  4.1   electronic or other medium if it is retrievable in perceivable 
  4.2   form.  Presentation of a certified copy of a protection order is 
  4.3   not required for enforcement. 
  4.4      (b) If a foreign protection order is not presented, a law 
  4.5   enforcement officer of this state may consider other information 
  4.6   in determining whether there is probable cause to believe that a 
  4.7   valid foreign protection order exists. 
  4.8      (c) If a law enforcement officer of this state determines 
  4.9   that an otherwise valid foreign protection order cannot be 
  4.10  enforced because the respondent has not been notified or served 
  4.11  with the order, the officer shall inform the respondent of the 
  4.12  order, make a reasonable effort to serve the order upon the 
  4.13  respondent, and allow the respondent a reasonable opportunity to 
  4.14  comply with the order before enforcing the order. 
  4.15     (d) Registration or filing of an order in this state is not 
  4.16  required for the enforcement of a valid foreign protection order 
  4.17  pursuant to this chapter. 
  4.18     Sec. 5.  [518E.05] [REGISTRATION OF ORDER.] 
  4.19     (a) Any individual may register a foreign protection order 
  4.20  in this state.  To register a foreign protection order, an 
  4.21  individual shall: 
  4.22     (1) present a certified copy of the order to the office of 
  4.23  court administrator; or 
  4.24     (2) present a certified copy of the order to an agency 
  4.25  designated by the state and request that the order be registered 
  4.26  with the office of court administrator. 
  4.27     (b) Upon receipt of a foreign protection order, the office 
  4.28  of court administrator shall register the order in accordance 
  4.29  with this section.  After the order is registered, the office of 
  4.30  court administrator shall furnish to the individual registering 
  4.31  the order a certified copy of the registered order. 
  4.32     (c) The office of court administrator shall register an 
  4.33  order upon presentation of a copy of a protection order which 
  4.34  has been certified by the issuing state.  A registered foreign 
  4.35  protection order that is inaccurate or is not currently in 
  4.36  effect must be corrected or removed from the registry in 
  5.1   accordance with the law of this state. 
  5.2      (d) An individual registering a foreign protection order 
  5.3   shall file an affidavit by the protected individual stating 
  5.4   that, to the best of the protected individual's knowledge, the 
  5.5   order is currently in effect. 
  5.6      (e) A foreign protection order registered under this 
  5.7   chapter may be entered in any existing state or federal registry 
  5.8   of protection orders, in accordance with applicable law. 
  5.9      (f) A fee may not be charged for the registration of a 
  5.10  foreign protection order. 
  5.11     Sec. 6.  [518E.06] [IMMUNITY.] 
  5.12     This state or a local governmental agency, or a law 
  5.13  enforcement officer, prosecuting attorney, clerk of court, or 
  5.14  any state or local governmental official acting in an official 
  5.15  capacity, is immune from civil and criminal liability for an act 
  5.16  or omission arising out of the registration or enforcement of a 
  5.17  foreign protection order or the detention or arrest of an 
  5.18  alleged violator of a foreign protection order if the act or 
  5.19  omission was done in good faith in an effort to comply with this 
  5.20  chapter. 
  5.21     Sec. 7.  [518E.07] [OTHER REMEDIES.] 
  5.22     A protected individual who pursues remedies under this 
  5.23  chapter is not precluded from pursuing other legal or equitable 
  5.24  remedies against the respondent. 
  5.25     Sec. 8.  [518E.08] [UNIFORMITY OF APPLICATION AND 
  5.26  CONSTRUCTION.] 
  5.27     In applying and construing this chapter, consideration must 
  5.28  be given to the need to promote uniformity of the law with 
  5.29  respect to its subject matter among states that enact it. 
  5.30     Sec. 9.  [TRANSITIONAL PROVISION.] 
  5.31     Sections 1 to 8 apply to protection orders issued before 
  5.32  the effective date of sections 1 to 8 and to continuing actions 
  5.33  for enforcement of foreign protection orders commenced before 
  5.34  the effective date of sections 1 to 8.  A request for 
  5.35  enforcement of a foreign protection order made on or after the 
  5.36  effective date of sections 1 to 8 for violations of a foreign 
  6.1   protection order occurring before the effective date of sections 
  6.2   1 to 8 is governed by sections 1 to 8. 
  6.3      Sec. 10.  [EFFECTIVE DATE.] 
  6.4      Sections 1 to 8 are effective on January 1, 2003.