HF 1944

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; providing another ground 
  1.3             for extending an order for protection; amending 
  1.4             Minnesota Statutes 2002, section 518B.01. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 518B.01, 
  1.7   subdivision 6a, is amended to read: 
  1.8      Subd. 6a.  [SUBSEQUENT ORDERS AND EXTENSIONS.] Upon 
  1.9   application, notice to all parties, and hearing, the court may 
  1.10  extend the relief granted in an existing order for protection 
  1.11  or, if a petitioner's order for protection is no longer in 
  1.12  effect when an application for subsequent relief is made, grant 
  1.13  a new order.  The court may extend the terms of an existing 
  1.14  order or, if an order is no longer in effect, grant a new order 
  1.15  upon a showing that: 
  1.16     (1) the respondent has violated a prior or existing order 
  1.17  for protection; 
  1.18     (2) the petitioner is reasonably in fear of physical harm 
  1.19  from the respondent; or 
  1.20     (3) the respondent has engaged in acts of harassment or 
  1.21  stalking within the meaning of section 609.749, subdivision 2.; 
  1.22  or 
  1.23     (4) the respondent is incarcerated and about to be 
  1.24  released, or has recently been released from incarceration. 
  1.25     A petitioner does not need to show that physical harm is 
  2.1   imminent to obtain an extension or a subsequent order under this 
  2.2   subdivision. 
  2.3      Sec. 2.  [EFFECTIVE DATE.] 
  2.4      Section 1 is effective the day following final enactment.