language to be deleted (2) new language
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 consanguinityblood, and persons jointlywho are presently residing in the same dwelling unittogether 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, anyAn 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
Copyright © 1983 by the Revisor of Statutes, State of Minnesota. All rights reserved.