SF 167

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; restricting the use of orders 
  1.3             for protection on behalf of a parent or guardian 
  1.4             against a minor child; amending Minnesota Statutes 
  1.5             1996, section 518B.01, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 518B.01, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
  1.10  action known as a petition for an order for protection in cases 
  1.11  of domestic abuse.  
  1.12     (a) A petition for relief under this section may be made by 
  1.13  any family or household member personally or by a family or 
  1.14  household member, a guardian as defined in section 524.1-201, 
  1.15  clause (20), or, if the court finds that it is in the best 
  1.16  interests of the minor, by a reputable adult age 25 or older on 
  1.17  behalf of minor family or household members.  A minor age 16 or 
  1.18  older may make a petition on the minor's own behalf against a 
  1.19  spouse or former spouse, or a person with whom the minor has a 
  1.20  child in common, if the court determines that the minor has 
  1.21  sufficient maturity and judgment and that it is in the best 
  1.22  interests of the minor.  A petition for relief under this 
  1.23  section may not be made by or on behalf of a parent or guardian 
  1.24  against a minor child or ward of the parent or guardian. 
  1.25     (b) A petition for relief shall allege the existence of 
  2.1   domestic abuse, and shall be accompanied by an affidavit made 
  2.2   under oath stating the specific facts and circumstances from 
  2.3   which relief is sought.  
  2.4      (c) A petition for relief must state whether the petitioner 
  2.5   has ever had an order for protection in effect against the 
  2.6   respondent. 
  2.7      (d) A petition for relief must state whether there is an 
  2.8   existing order for protection in effect under this chapter 
  2.9   governing both the parties and whether there is a pending 
  2.10  lawsuit, complaint, petition or other action between the parties 
  2.11  under chapter 257, 518, 518A, 518B, or 518C.  The court 
  2.12  administrator shall verify the terms of any existing order 
  2.13  governing the parties.  The court may not delay granting relief 
  2.14  because of the existence of a pending action between the parties 
  2.15  or the necessity of verifying the terms of an existing order.  A 
  2.16  subsequent order in a separate action under this chapter may 
  2.17  modify only the provision of an existing order that grants 
  2.18  relief authorized under subdivision 6, paragraph (a), clause 
  2.19  (1).  A petition for relief may be granted, regardless of 
  2.20  whether there is a pending action between the parties.  
  2.21     (e) The court shall provide simplified forms and clerical 
  2.22  assistance to help with the writing and filing of a petition 
  2.23  under this section.  
  2.24     (f) The court shall advise a petitioner under paragraph (e) 
  2.25  of the right to file a motion and affidavit and to sue in forma 
  2.26  pauperis pursuant to section 563.01 and shall assist with the 
  2.27  writing and filing of the motion and affidavit.  
  2.28     (g) The court shall advise a petitioner under paragraph (e) 
  2.29  of the right to serve the respondent by published notice under 
  2.30  subdivision 5, paragraph (b), if the respondent is avoiding 
  2.31  personal service by concealment or otherwise, and shall assist 
  2.32  with the writing and filing of the affidavit. 
  2.33     (h) The court shall advise the petitioner of the right to 
  2.34  seek restitution under the petition for relief. 
  2.35     (i) The court shall advise the petitioner of the right to 
  2.36  request a hearing under subdivision 7, paragraph (c).  If the 
  3.1   petitioner does not request a hearing, the court shall advise 
  3.2   the petitioner that the respondent may request a hearing and 
  3.3   that notice of the hearing date and time will be provided to the 
  3.4   petitioner by mail at least five days before the hearing.