Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 52--S.F.No. 240
           An act relating to domestic abuse; protecting persons 
          from abuse by former spouses and others; authorizing 
          an arrest for violations of certain orders; amending 
          Minnesota Statutes 1982, section 518B.01, subdivisions 
          2, 13, and 14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 518B.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms shall have the meanings given them:  
    (a) "Domestic abuse" means:  (i) physical harm, bodily 
injury, assault, or the infliction of fear of imminent physical 
harm, bodily injury or assault, between family or household 
members; or (ii) criminal sexual conduct, within the meaning of 
sections 609.342, 609.343, 609.344, or 609.345, committed 
against a minor family or household member by an adult family or 
household member; or (iii) intrafamilial sexual abuse, within 
the meaning of sections 609.364 to 609.3644, committed against a 
minor family or household member by an adult family or household 
member;  
    (b) "Family or household members" means spouses, former 
spouses, parents and children, persons related by consanguinity 
blood, and persons jointly who are presently residing in the 
same dwelling unit together or who have resided together in the 
past, and persons who have a child in common regardless of 
whether they have been married or have lived together at any 
time.  
     Sec. 2.  Minnesota Statutes 1982, section 518B.01, 
subdivision 13, is amended to read: 
    Subd. 13.  [COPY TO LAW ENFORCEMENT AGENCY.] Upon the 
request of the petitioner, any An order for protection granted 
pursuant to this section shall be forwarded by the clerk of 
court within 24 hours to the local law enforcement agency with 
jurisdiction over the residence of the applicant.  
    Each appropriate law enforcement agency shall make 
available to other law enforcement officers through a system for 
verification, information as to the existence and status of any 
order for protection issued pursuant to this section.  
     Sec. 3.  Minnesota Statutes 1982, section 518B.01, 
subdivision 14, is amended to read: 
    Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
Whenever an order for protection is granted pursuant to this 
section, and the respondent or person to be restrained knows of 
the order, violation of the order for protection is a 
misdemeanor.  
    (b) A peace officer shall arrest without a warrant and take 
into custody a person whom the peace officer has probable cause 
to believe has violated an order granted pursuant to this 
section restraining the person or excluding the person from the 
residence, if the existence of the order can be verified by the 
officer.  
     (c) A violation of an order for protection shall also 
constitute contempt of court and be subject to the penalties 
therefor.  
    (d) Upon the filing of an affidavit by the petitioner or 
any peace officer, alleging that the respondent has violated any 
order for protection granted pursuant to this section, the court 
may issue an order to the respondent, requiring the respondent 
to appear and show cause within 14 days why he should not be 
found in contempt of court and punished therefor.  The hearing 
may be held by the court in any county in which the petitioner 
or respondent temporarily or permanently resides at the time of 
the alleged violation. 
    A peace officer is not liable under section 609.43, clause 
(1), for a failure to perform a duty required by clause (b) of 
this subdivision. 
    Approved April 22, 1983