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Minnesota Legislature

Office of the Revisor of Statutes

HF 2110

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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3.35

A bill for an act
relating to domestic abuse; limiting required findings
when awarding custody and parenting time in the
context of a domestic abuse hearing; amending
Minnesota Statutes 2004, section 518B.01, subdivision
6.

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

Section 1.

Minnesota Statutes 2004, section 518B.01,
subdivision 6, is amended to read:


Subd. 6.

Relief by the court.

(a) Upon notice and
hearing, the court may provide relief as follows:

(1) restrain the abusing party from committing acts of
domestic abuse;

(2) exclude the abusing party from the dwelling which the
parties share or from the residence of the petitioner;

(3) exclude the abusing party from a reasonable area
surrounding the dwelling or residence, which area shall be
described specifically in the order;

(4) award temporary custody or establish temporary
parenting time with regard to minor children of the parties on a
basis which gives primary consideration to the safety of the
victim and the children. deleted text beginExcept for cases in which custody is
contested,
deleted text endnew text beginIn addition to the primary safety considerations, the
court may consider particular best interest factors that are
found to be relevant to the temporary custody and parenting time
award.
new text endFindings under section 257.025, 518.17, or 518.175 are
not required new text beginwith respect to the particular best interest
factors not considered by the court
new text end. If the court finds that
the safety of the victim or the children will be jeopardized by
unsupervised or unrestricted parenting time, the court shall
condition or restrict parenting time as to time, place,
duration, or supervision, or deny parenting time entirely, as
needed to guard the safety of the victim and the children. The
court's decision on custody and parenting time shall in no way
delay the issuance of an order for protection granting other
relief provided for in this section. The court must not enter a
parenting plan under section 518.1705 as part of an action for
an order for protection;

(5) on the same basis as is provided in chapter 518,
establish temporary support for minor children or a spouse, and
order the withholding of support from the income of the person
obligated to pay the support according to chapter 518;

(6) provide upon request of the petitioner counseling or
other social services for the parties, if married, or if there
are minor children;

(7) order the abusing party to participate in treatment or
counseling services, including requiring the abusing party to
successfully complete a domestic abuse counseling program or
educational program under section 518B.02;

(8) award temporary use and possession of property and
restrain one or both parties from transferring, encumbering,
concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to
the court for all such transfers, encumbrances, dispositions,
and expenditures made after the order is served or communicated
to the party restrained in open court;

(9) exclude the abusing party from the place of employment
of the petitioner, or otherwise limit access to the petitioner
by the abusing party at the petitioner's place of employment;

(10) order the abusing party to pay restitution to the
petitioner;

(11) order the continuance of all currently available
insurance coverage without change in coverage or beneficiary
designation; and

(12) order, in its discretion, other relief as it deems
necessary for the protection of a family or household member,
including orders or directives to the sheriff, constable, or
other law enforcement or corrections officer as provided by this
section.

(b) Any relief granted by the order for protection shall be
for a fixed period not to exceed one year, except when the court
determines a longer fixed period is appropriate. When a referee
presides at the hearing on the petition, the order granting
relief becomes effective upon the referee's signature.

(c) An order granting the relief authorized in paragraph
(a), clause (1), may not be vacated or modified in a proceeding
for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for
protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection shall be
issued.

(d) An order granting the relief authorized in paragraph
(a), clause (2) or (3), is not voided by the admittance of the
abusing party into the dwelling from which the abusing party is
excluded.

(e) If a proceeding for dissolution of marriage or legal
separation is pending between the parties, the court shall
provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for
inclusion in its file.

(f) An order for restitution issued under this subdivision
is enforceable as civil judgment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end