1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 06/03/2025 10:44 a.m.
A bill for an act
relating to public safety; modifying the definition of custodian for purposes of
orders of protection; amending Minnesota Statutes 2024, section 518B.01,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 518B.01, subdivision 2, is amended to read:
As used in this section, the following terms deleted text begin shalldeleted text end have the meanings
given deleted text begin themdeleted text end :
(a) "Domestic abuse" means the following, if committed against a family or household
member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal
sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; sexual extortion within the meaning of section 609.3458; or interference with an
emergency call within the meaning of section 609.78, subdivision 2.
(b) "Family or household members" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have resided together in the past;
(5) persons who have a child in common regardless of whether they have been married
or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any time; and
(7) persons involved in a significant romantic or sexual relationship.
Issuance of an order for protection on the ground in clause (6) does not affect a
determination of paternity under sections 257.51 to 257.74. In determining whether persons
are or have been involved in a significant romantic or sexual relationship under clause (7),
the court shall consider the length of time of the relationship; type of relationship; frequency
of interaction between the parties; and, if the relationship has terminated, length of time
since the termination.
(c) "Qualified domestic violence-related offense" has the meaning given in section
609.02, subdivision 16.
(d) "Custodian" means any person other than the petitioner or respondent who deleted text begin is under
a legal obligation to provide care and support for a minor child of a petitioner or who is in
fact providing care and support for a minor child of a petitioner. Custodian does not include
any person caring for a minor child if the petitioner's parental rights have been terminated.deleted text end new text begin
has:
new text end
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(1) physical or legal custody under section 257.541, subdivision 1, physical or legal
custody pursuant to any court order, or physical custody with the consent of a custodial
parent; or
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(2) court-ordered parenting time.
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