language to be deleted (2) new language
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 madecompleted 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 anythe 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 anythe 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
Copyright © 1985 by the Revisor of Statutes, State of Minnesota. All rights reserved.