HF 2665

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/22/2022 07:03pm

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) A minor may seek a restraining order if the minor demonstrates that the minor is
emancipated and the court finds that the order is in the best interests of the emancipated
minor. A minor demonstrates the minor is emancipated by a showing that the minor is living
separate and apart from parents and managing the minor's own financial affairs, and shows,
through an instrument in writing or other agreement, or by the conduct of the parties that
all parents who have a legal parent and child relationship with the minor have relinquished
control and authority over 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