Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 142-H.F.No. 927 
                  An act relating to domestic abuse; eliminating hearing 
                  requirements in certain cases; providing for notices; 
                  amending Minnesota Statutes 1994, sections 13.99, by 
                  adding a subdivision; and 518B.01, subdivisions 4, 5, 
                  7, and by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 101c.  [DOMESTIC ABUSE PETITIONER'S RESIDENCE.] Court 
        records on the location or residence of a petitioner in a 
        domestic abuse proceeding are governed by section 518B.01, 
        subdivision 3b. 
           Sec. 2.  Minnesota Statutes 1994, section 518B.01, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [INFORMATION ON PETITIONER'S LOCATION OR 
        RESIDENCE.] Upon the petitioner's request, information 
        maintained by the court regarding the petitioner's location or 
        residence is not accessible to the public and may be disclosed 
        only to court personnel or law enforcement for purposes of 
        service of process, conducting an investigation, or enforcing an 
        order. 
           Sec. 3.  Minnesota Statutes 1994, 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 must state whether there is an 
        existing order for protection in effect under this chapter 
        governing both the parties and whether there is a pending 
        lawsuit, complaint, petition or other action between the parties 
        under chapter 257, 518, 518A, 518B, or 518C.  The court 
        administrator shall verify the terms of any existing order 
        governing the parties.  The court may not delay granting relief 
        because of the existence of a pending action between the parties 
        or the necessity of verifying the terms of an existing order.  A 
        subsequent order in a separate action under this chapter may 
        modify only the provision of an existing order that grants 
        relief authorized under subdivision 6, paragraph (a), clause 
        (1).  A petition for relief may be granted, regardless of 
        whether there is a pending 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 paragraph (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 paragraph (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. 
           (g) The court shall advise the petitioner of the right to 
        seek restitution under the petition for relief. 
           (h) The court shall advise the petitioner of the right to 
        request a hearing under subdivision 7, paragraph (c).  If the 
        petitioner does not request a hearing, the court shall advise 
        the petitioner that the respondent may request a hearing and 
        that notice of the hearing date and time will be provided to the 
        petitioner by mail at least five days before the hearing. 
           Sec. 4.  Minnesota Statutes 1994, 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.  If an ex parte order has been issued under subdivision 7 
        and a hearing requested, the time periods under subdivision 7 
        for holding a hearing apply.  Personal service shall be made 
        upon the respondent not less than five days prior to the 
        hearing, if the hearing was requested by the petitioner.  If the 
        hearing was requested by the respondent after issuance of an ex 
        parte order under subdivision 7, service of the notice of 
        hearing must be made upon the petitioner not less than five days 
        prior to the hearing.  The court shall serve the notice of 
        hearing upon the petitioner by mail in the manner provided in 
        the rules of civil procedure for pleadings subsequent to a 
        complaint and motions and shall also mail notice of the date and 
        time of the hearing to the respondent.  In the event 
        that personal service cannot be completed in time to give the 
        respondent or petitioner the minimum notice required under this 
        paragraph, the court may set a new hearing date.  
           (b) Notwithstanding the provisions of paragraph (a), 
        service on the respondent 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. 5.  Minnesota Statutes 1994, section 518B.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [TEMPORARY EX PARTE 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:  
           (1) restraining the abusing party from committing acts of 
        domestic abuse; 
           (2) excluding any party from the dwelling they share or 
        from the residence of the other except by further order of the 
        court; 
           (3) excluding the abusing party from the place of 
        employment of the petitioner or otherwise limiting access to the 
        petitioner by the abusing party at the petitioner's place of 
        employment; and 
           (4) continuing all currently available insurance coverage 
        without change in coverage or beneficiary designation. 
           (b) A finding by the court that there is a basis for 
        issuing an ex parte temporary order for protection constitutes a 
        finding that sufficient reasons exist not to require notice 
        under applicable court rules governing applications for ex parte 
        temporary relief. 
           (c) Subject to paragraph (d), 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 (d) set by the court, as provided in subdivision 6, 
        paragraph (b), or until modified or vacated by the court 
        pursuant to a hearing.  Upon request, a full hearing, as 
        provided by this section, shall be set for not later than seven 
        days from the issuance of the temporary ex parte order, if a 
        hearing is requested by the petitioner, or not later than ten 
        days or earlier than eight days from receipt by the court of a 
        request for a hearing by the respondent.  Except as provided in 
        paragraph (d), the respondent shall be personally served 
        forthwith a copy of the ex parte order along with a copy of the 
        petition and, if requested by the petitioner, notice of the date 
        set for the hearing.  If the petitioner does not request a 
        hearing, an order served on a respondent under this subdivision 
        must include a notice advising the respondent of the right to 
        request a hearing, must be accompanied by a form that can be 
        used by the respondent to request a hearing and must include a 
        conspicuous notice that a hearing will not be held unless 
        requested by the respondent within five days of service of the 
        order.  
           (d) When Service is of the ex parte order may be 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 provided that 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.  If personal service 
        is not made or the affidavit is not filed within 14 days of 
        issuance of the ex parte order, the order expires.  If the 
        petitioner does not request a hearing, the petition mailed to 
        the respondent's residence, if known, must be accompanied by the 
        form for requesting a hearing and notice described in paragraph 
        (c).  Unless personal service is completed, if service by 
        published notice is not completed within 28 days of issuance of 
        the ex parte order, the order expires. 
           (e) If the petitioner seeks relief under subdivision 6 
        other than the relief described in paragraph (a), the petitioner 
        must request a hearing to obtain the additional relief. 
           (f) Nothing in this subdivision affects the right of a 
        party to seek modification of an order under subdivision 11. 
           Presented to the governor May 8, 1995 
           Signed by the governor May 10, 1995, 10:18 a.m.