SF 2567

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/17/2016 08:39am

A bill for an act
relating to orders for protection; eliminating mandatory hearing requirement for
subsequent orders and extensions; amending Minnesota Statutes 2014, section
518B.01, subdivisions 6a, 11, 18.

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

Section 1.

Minnesota Statutes 2014, section 518B.01, subdivision 6a, is amended to
read:

Subd. 6a.

Subsequent orders and extensions.

(a) Upon application, notice to
all parties, and hearing, the court may extend the relief granted in an existing order for
protection or, if a petitioner's order for protection is no longer in effect when an application
for subsequent relief is made, grant a new order. new text begin If the petitioner seeks only the relief under
subdivision 7, paragraph (a), a hearing is not required unless the court declines to order the
requested relief or the respondent requests a hearing. If a hearing is required, subdivisions
5 and 7 apply to service of the application, notice to the parties, and time for the hearing.
new text end

new text begin (b) new text end The court may extend the terms of an existing order or, if an order is no longer in
effect, grant a new order upon a showing that:

(1) the respondent has violated a prior or existing order for protection;

(2) the petitioner is reasonably in fear of physical harm from the respondent;

(3) the respondent has engaged in the act of stalking within the meaning of section
609.749, subdivision 2; or

(4) the respondent is incarcerated and about to be released, or has recently been
released from incarceration.

A petitioner does not need to show that physical harm is imminent to obtain an
extension or a subsequent order under this subdivision.

deleted text begin (b) deleted text end new text begin (c) new text end Relief granted by the order for protection may be for a period of up to 50
years, if the court finds:

(1) the respondent has violated a prior or existing order for protection on two or
more occasions; or

(2) the petitioner has had two or more orders for protection in effect against the
same respondent.

An order issued under this paragraph may restrain the abusing party from committing
acts of domestic abuse; or prohibit the abusing party from having any contact with the
petitioner, whether in person, by telephone, mail or electronic mail or messaging, through
electronic devices, through a third party, or by any other means.

Sec. 2.

Minnesota Statutes 2014, section 518B.01, subdivision 11, is amended to read:

Subd. 11.

Modifying or vacating order.

(a) Upon application, notice to all parties,
and hearing, the court may modify the terms of an existing order for protection.

(b) If the court orders relief under subdivision 6a, paragraph deleted text begin (b) deleted text end new text begin (c) new text end , the respondent
named in the order for protection may request to have the order vacated or modified if
the order has been in effect for at least five years and the respondent has not violated the
order during that time. Application for relief under this subdivision must be made in the
county in which the order for protection was issued. Upon receipt of the request, the
court shall set a hearing date. Personal service must be made upon the petitioner named
in the order for protection not less than 30 days before the date of the hearing. At the
hearing, the respondent named in the order for protection has the burden of proving by
a preponderance of the evidence that there has been a material change in circumstances
and that the reasons upon which the court relied in granting or extending the order for
protection no longer apply and are unlikely to occur. If the court finds that the respondent
named in the order for protection has met the burden of proof, the court may vacate or
modify the order. If the court finds that the respondent named in the order for protection
has not met the burden of proof, the court shall deny the request and no request may be
made to vacate or modify the order for protection until five years have elapsed from the
date of denial. An order vacated or modified under this paragraph must be personally
served on the petitioner named in the order for protection.

Sec. 3.

Minnesota Statutes 2014, section 518B.01, subdivision 18, is amended to read:

Subd. 18.

Notices.

(a) Each order for protection granted under this chapter must
contain a conspicuous notice to the respondent or person to be restrained that:

(1) violation of an order for protection is either (i) a misdemeanor punishable by
imprisonment for up to 90 days or a fine of up to $1,000, or both, (ii) a gross misdemeanor
punishable by imprisonment of up to one year or a fine of up to $3,000, or both, or (iii) a
felony punishable by imprisonment of up to five years or a fine of up to $10,000, or both;

(2) the respondent is forbidden to enter or stay at the petitioner's residence, even
if invited to do so by the petitioner or any other person; in no event is the order for
protection voided;

(3) a peace officer must arrest without warrant and take into custody a person
whom the peace officer has probable cause to believe has violated an order for protection
restraining the person or excluding the person from a residence; and

(4) pursuant to the Violence Against Women Act of 1994, United States Code, title 18,
section 2265, the order is enforceable in all 50 states, the District of Columbia, tribal lands,
and United States territories, that violation of the order may also subject the respondent to
federal charges and punishment under United States Code, title 18, sections 2261 and 2262,
and that if a final order is entered against the respondent after the hearing, the respondent
may be prohibited from possessing, transporting, or accepting a firearm under the 1994
amendment to the Gun Control Act, United States Code, title 18, section 922(g)(8).

(b) If the court grants relief under subdivision 6a, paragraph deleted text begin (b) deleted text end new text begin (c) new text end , the order for
protection must also contain a conspicuous notice to the respondent or person to be
restrained that the respondent must wait five years to seek a modification of the order.