Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 237-H.F.No. 643 
           An act relating to domestic abuse; prohibiting 
          modification or vacation of certain orders for 
          protection in a marriage dissolution proceeding; 
          providing that certain actions are not violations of 
          an order for protection; requiring written notice to 
          respondents of penalties for violation of an order; 
          amending Minnesota Statutes 1986, sections 518.131, 
          subdivision 2; and 518B.01, subdivisions 4, 6, 14, and 
          by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 518.131, 
subdivision 2, is amended to read:  
    Subd. 2.  No temporary order shall:  
    (a) Deny visitation rights to a noncustodial parent unless 
the court finds that visitation by the noncustodial parent is 
likely to cause physical or emotional harm to the child; or 
    (b) Exclude a party from the family home of the parties 
unless the court finds that physical or emotional harm to one of 
the parties or to the children of the parties is likely to 
result, or that the exclusion is reasonable in the 
circumstances; or 
    (c) Vacate or modify an order granted under section 
518B.01, subdivision 6, paragraph (a), clause (1), restraining 
an abusing party from committing acts of domestic abuse, except 
that the court may hear a motion for modification of an order 
for protection concurrently with a proceeding for dissolution of 
marriage upon notice of motion and motion.  The notice required 
by court rule shall not be waived.  If the proceedings are 
consolidated and the motion to modify is granted, a separate 
order for modification of an order for protection shall be 
issued. 
    Sec. 2.  Minnesota Statutes 1986, 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 personally 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.  
    (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.  
    (f)  The court shall advise a petitioner under clause (d) 
of the right to serve the respondent by published notice under 
subdivision 5, paragraph (b), if the respondent is avoiding 
personal service by concealment or otherwise, and shall assist 
with the writing and filing of the affidavit. 
    Sec. 3.  Minnesota Statutes 1986, section 518B.01, 
subdivision 6, is amended to read:  
    Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
hearing, the court may provide relief as follows: 
    (a) (1) restrain the abusing party from committing acts of 
domestic abuse; 
    (b) (2) exclude the abusing party from the dwelling which 
the parties share or from the residence of the petitioner; 
    (c) (3) 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 Laws 1985, 
chapter 195; 
    (d) (4) 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) (5) provide upon request of the petitioner counseling 
or other social services for the parties, if married, or if 
there are minor children; 
    (f) (6) order the abusing party to participate in treatment 
or counseling services; 
    (g) (7) 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) (8) 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. 
    (b) 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.  
    (c) An order granting the relief authorized in paragraph 
(a), clause (1), may not be vacated or modified in a proceeding 
for dissolution of marriage or legal separation, except that the 
court may hear a motion for modification of an order for 
protection concurrently with a proceeding for dissolution of 
marriage upon notice of motion and motion.  The notice required 
by court rule shall not be waived.  If the proceedings are 
consolidated and the motion to modify is granted, a separate 
order for modification of an order for protection shall be 
issued. 
    (d) An order granting the relief authorized in paragraph 
(a), clause (2), is not voided by the admittance of the abusing 
party into the dwelling from which the abusing party is excluded.
    Sec. 4.  Minnesota Statutes 1986, 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 the respondent 
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. 
    (e) The admittance into petitioner's dwelling of an abusing 
party excluded from the dwelling under an order for protection 
is not a violation by the petitioner of the order for protection.
    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.  
    Sec. 5.  Minnesota Statutes 1986, section 518B.01, is 
amended by adding a subdivision to read: 
    Subd. 18.  [NOTICES.] Each order for protection granted 
under this chapter must contain a conspicuous notice to the 
respondent or person to be restrained that: 
    (1) violation of an order for protection is a misdemeanor 
punishable by imprisonment for up to 90 days or a fine of up to 
$700 or both; 
    (2) the respondent is forbidden to enter or stay at the 
petitioner's residence, even if invited to do so by the 
petitioner or any other person; in no event is the order for 
protection voided; and 
    (3) a peace officer must arrest without warrant and take 
into custody a person whom the peace officer has probable cause 
to believe has violated an order for protection restraining the 
person or excluding the person from a residence. 
    Approved May 26, 1987