Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 195-S.F.No. 1036 
           An act relating to domestic abuse; providing for 
          service by publication under certain circumstances 
          under the Domestic Abuse Act; clarifying relief and 
          providing for additional relief; amending Minnesota 
          Statutes 1984, section 518B.01, subdivisions 4, 5, 6, 
          and 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 518B.01, 
subdivision 4, is amended to read: 
    Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
action known as a petition for an order for protection in cases 
of domestic abuse.  
    (a) A petition for relief under this section may be made by 
any family or household member on behalf of himself or herself 
or on behalf of minor family or household members.  
    (b) A petition for relief shall allege the existence of 
domestic abuse, and shall be accompanied by an affidavit made 
under oath stating the specific facts and circumstances from 
which relief is sought.  
    (c) A petition for relief may be made regardless of whether 
or not there is a pending lawsuit, complaint, petition or other 
action between the parties.  
    (d) The court shall provide simplified forms and clerical 
assistance to help with the writing and filing of a petition 
under this section by any person not represented by counsel.  
    (e) The court shall advise a petitioner under clause (d) of 
the right to file a motion and affidavit and to sue in forma 
pauperis pursuant to section 563.01 and shall assist with the 
writing and filing of the motion and affidavit.  
    Sec. 2.  Minnesota Statutes 1984, section 518B.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
receipt of the petition, the court shall order a hearing which 
shall be held not later than 14 days from the date of the 
order.  Personal service shall be made upon the respondent not 
less than five days prior to the hearing.  In the event 
that personal service cannot be made completed in time to give 
the respondent the minimum notice required under this paragraph, 
the court may set a new hearing date.  
    (b) Notwithstanding the provisions of paragraph (a), 
service may be made by one week published notice, as provided 
under section 645.11, provided the petitioner files with the 
court an affidavit stating that an attempt at personal service 
made by a sheriff was unsuccessful because the respondent is 
avoiding service by concealment or otherwise, and that a copy of 
the petition and notice of hearing has been mailed to the 
respondent at the respondent's residence or that the residence 
is not known to the petitioner.  Service under this paragraph is 
complete seven days after publication.  The court shall set a 
new hearing date if necessary to allow the respondent the 
five-day minimum notice required under paragraph (a). 
    Sec. 3.  Minnesota Statutes 1984, section 518B.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [RELIEF BY THE COURT.] Upon notice and hearing, 
the court may provide relief as follows: 
    (a) Restrain any the abusing party from committing acts of 
domestic abuse; 
    (b) Exclude the abusing party from the dwelling which the 
parties share or from the residence of the petitioner; 
    (c) On the same basis as is provided in chapter 518, Award 
temporary custody or establish temporary visitation with regard 
to minor children of the parties on a basis which gives primary 
consideration to the safety of the victim and the children.  If 
the court finds that the safety of the victim or the children 
will be jeopardized by unsupervised or unrestricted visitation, 
the court shall condition or restrict visitation as to time, 
place, duration, or supervision, or deny visitation entirely, as 
needed to guard the safety of the victim and the children.  The 
court's deliberation under this subdivision shall in no way 
delay the issuance of an order for protection granting other 
reliefs provided for in this act; 
    (d) On the same basis as is provided in chapter 518, 
establish temporary support for minor children or a spouse, and 
order the withholding of support from the income of the person 
obligated to pay the support according to chapter 518; 
    (e) Provide upon request of the petitioner counseling or 
other social services for the parties, if married, or if there 
are minor children; 
    (f) Order the abusing party to participate in treatment or 
counseling services; 
    (g) Award temporary use and possession of property and 
restrain one or both parties from transferring, encumbering, 
concealing, or disposing of property except in the usual course 
of business or for the necessities of life, and to account to 
the court for all such transfers, encumbrances, dispositions, 
and expenditures made after the order is served or communicated 
to the party restrained in open court; 
    (h) Order, in its discretion, other relief as it deems 
necessary for the protection of a family or household member, 
including orders or directives to the sheriff or constable, as 
provided by this section. 
    Any relief granted by the order for protection shall be for 
a fixed period not to exceed one year, except when the court 
determines a longer fixed period is appropriate. 
    Sec. 4.  Minnesota Statutes 1984, section 518B.01, 
subdivision 7, is amended to read: 
    Subd. 7.  [TEMPORARY ORDER.] (a) Where an application under 
this section alleges an immediate and present danger of domestic 
abuse, the court may grant an ex parte temporary order for 
protection, pending a full hearing, and granting relief as the 
court deems proper, including an order:  
    (a) (1) Restraining any the abusing party from committing 
acts of domestic abuse;  
    (b) (2) Excluding any party from the dwelling they share or 
from the residence of the other except by further order of the 
court.  
    (b) An ex parte temporary order for protection shall be 
effective for a fixed period not to exceed 14 days, except for 
good cause as provided under paragraph (c).  A full hearing, as 
provided by this section, shall be set for not later than seven 
days from the issuance of the temporary order.  The respondent 
shall be served forthwith, a copy of the ex parte order along 
with a copy of the petition and notice of the date set for the 
hearing. 
     (c) When service is made by published notice, as provided 
under subdivision 5, the petitioner may apply for an extension 
of the period of the ex parte order at the same time the 
petitioner files the affidavit required under that subdivision. 
The court may extend the ex parte temporary order for an 
additional period not to exceed 14 days.  The respondent shall 
be served forthwith a copy of the modified ex parte order along 
with a copy of the notice of the new date set for the hearing. 
    Approved May 23, 1985