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HF 469

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:39am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; providing for jurisdiction for petitions for harassment
restraining orders; amending Minnesota Statutes 2010, section 609.748,
subdivisions 2, 3a.

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

Section 1.

Minnesota Statutes 2010, section 609.748, subdivision 2, is amended to read:


Subd. 2.

Restraining order;new text begin courtnew text end jurisdiction.

deleted text begin A person who is a victim of
harassment may seek a restraining order from the district court in the manner provided in
this section.
deleted text end new text begin (a) An application for relief under this section may be filed in the county of
residence of either party or in the county in which the alleged harassment occurred. There
are no residency requirements that apply to a petition for a harassment restraining order.
new text end

new text begin (b)new text end The parent, guardian, or stepparent of a minor who is a victim of harassment may
seek a restraining order from the district court on behalf of the minor.

Sec. 2.

Minnesota Statutes 2010, section 609.748, subdivision 3a, is amended to read:


Subd. 3a.

Filing fee; cost of service.

The filing fees for a restraining order under
this section are waived for the petitioner if the petition alleges acts that would constitute a
violation of section 609.749, deleted text begin subdivisiondeleted text end new text begin subdivisionnew text end 2 deleted text begin ordeleted text end new text begin ,new text end 3new text begin , 4, or 5new text end , or sections 609.342
to 609.3451. The court administrator and the sheriff of any county in this state shall
perform their duties relating to service of process without charge to the petitioner. The
court shall direct payment of the reasonable costs of service of process if served by a
private process server when the sheriff is unavailable or if service is made by publication.
The court may direct a respondent to pay to the court administrator the petitioner's filing
fees and reasonable costs of service of process if the court determines that the respondent
has the ability to pay the petitioner's fees and costs.