HF 3894

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; creating permanent restraining orders upon continued
harassment; amending Minnesota Statutes 2004, section 609.748, subdivisions
3, 5.

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

Section 1.

Minnesota Statutes 2004, section 609.748, subdivision 3, is amended to read:

Subd. 3.

Contents of petition; hearing; notice.

(a) A petition for relief must
allege facts sufficient to show the following:

(1) the name of the alleged harassment victim;

(2) the name of the respondent; and

(3) that the respondent has engaged in harassment.

new text begin A petition for relief must state whether the petitioner has ever had a restraining order in
effect against the respondent. new text end The petition shall be accompanied by an affidavit made
under oath stating the specific facts and circumstances from which relief is sought. The
court shall provide simplified forms and clerical assistance to help with the writing and
filing of a petition under this section and shall advise the petitioner of the right to sue in
forma pauperis under section 563.01. The court shall advise the petitioner of the right to
request a hearing. If the petitioner does not request a hearing, the court shall advise the
petitioner that the respondent may request a hearing and that notice of the hearing date
and time will be provided to the petitioner by mail at least five days before the hearing.
Upon receipt of the petition and a request for a hearing by the petitioner, the court shall
order a hearing. Personal service must be made upon the respondent not less than five
days before the hearing. If personal service cannot be completed in time to give the
respondent the minimum notice required under this paragraph, the court may set a new
hearing date. Nothing in this section shall be construed as requiring a hearing on a
matter that has no merit.

(b) Notwithstanding paragraph (a), the order for a hearing and a temporary order
issued under subdivision 4 may be served on the respondent by means of a one-week
published notice under section 645.11, if:

(1) the petitioner files an affidavit with the court stating that an attempt at personal
service made by a sheriff was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and

(2) a copy of the petition and order for hearing and any temporary restraining order
has been mailed to the respondent at the respondent's residence or place of business, if the
respondent is an organization, or the respondent's residence or place of business is not
known to the petitioner.

(c) Regardless of the method of service, if the respondent is a juvenile, whenever
possible, the court also shall have notice of the pendency of the case and of the time and
place of the hearing served by mail at the last known address upon any parent or guardian
of the juvenile respondent who is not the petitioner.

(d) A request for a hearing under this subdivision must be made within 45 days of
the filing or receipt of the petition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.748, subdivision 5, is amended to read:

Subd. 5.

Restraining order.

(a) The court may grant a restraining order ordering
the respondent to cease or avoid the harassment of another person or to have no contact
with that person if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition; except
that if the respondent is an organization, the order may be issued against and apply to all of
the members of the organization. new text begin If the court finds that the petitioner has had two or more
previous restraining orders in effect against the respondent, relief granted by the restraining
order must be permanent. In all other cases, new text end relief granted by the restraining order must be
for a fixed period of not more than two years. When a referee presides at the hearing on
the petition, the restraining order becomes effective upon the referee's signature.

(b) An order issued under this subdivision must be personally served upon the
respondent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end