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Minnesota Session Laws - 2004, Regular Session

Key: (1) language to be deleted (2) new language

                            CHAPTER 145-S.F.No. 2498 
                  An act relating to domestic abuse; providing that ex 
                  parte orders for protection and temporary restraining 
                  orders are effective upon a referee's signature; 
                  amending Minnesota Statutes 2002, section 518B.01, 
                  subdivision 7; Minnesota Statutes 2003 Supplement, 
                  section 609.748, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 518B.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [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 order for protection 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 order for protection constitutes a finding 
        that sufficient reasons exist not to require notice under 
        applicable court rules governing applications for ex parte 
        relief. 
           (c) Subject to paragraph (d), an ex parte order for 
        protection shall be effective for a fixed period set by the 
        court, as provided in subdivision 6, paragraph (b), or until 
        modified or vacated by the court pursuant to a hearing.  When 
        signed by a referee, the ex parte order becomes effective upon 
        the referee's signature.  Upon request, a hearing, as provided 
        by this section, shall be set.  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) Service of the ex parte order may be made by published 
        notice, as provided under subdivision 5, provided that the 
        petitioner files the affidavit required under that subdivision.  
        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. 
           [EFFECTIVE DATE.] This section is effective August 1, 2004. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        609.748, subdivision 4, is amended to read: 
           Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
        issue a temporary restraining order ordering the respondent to 
        cease or avoid the harassment of another person or to have no 
        contact with that person if the petitioner files a petition in 
        compliance with subdivision 3 and if the court finds reasonable 
        grounds to believe that the respondent has engaged in 
        harassment.  When a petition alleges harassment as defined by 
        subdivision 1, paragraph (a), clause (1), the petition must 
        further allege an immediate and present danger of harassment 
        before the court may issue a temporary restraining order under 
        this section.  When signed by a referee, the temporary order 
        becomes effective upon the referee's signature. 
           (b) Notice need not be given to the respondent before the 
        court issues a temporary restraining order under this 
        subdivision.  A copy of the restraining order must be served on 
        the respondent along with the order for hearing and petition, as 
        provided in subdivision 3.  If the respondent is a juvenile, 
        whenever possible, a copy of the restraining order, along with 
        notice of the pendency of the case and the time and place of the 
        hearing, shall also be served by mail at the last known address 
        upon any parent or guardian of the juvenile respondent who is 
        not the petitioner.  A temporary restraining order may be 
        entered only against the respondent named in the petition.  
           (c) The temporary restraining order is in effect until a 
        hearing is held on the issuance of a restraining order under 
        subdivision 5.  The court shall hold the hearing on the issuance 
        of a restraining order if the petitioner requests a hearing.  
        The hearing may be continued by the court upon a showing that 
        the respondent has not been served with a copy of the temporary 
        restraining order despite the exercise of due diligence or if 
        service is made by published notice under subdivision 3 and the 
        petitioner files the affidavit required under that subdivision. 
           (d) If the temporary restraining order has been issued and 
        the respondent requests a hearing, the hearing shall be 
        scheduled by the court upon receipt of the respondent's 
        request.  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 the 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 service cannot be completed in 
        time to give the respondent or petitioner the minimum notice 
        required under this subdivision, the court may set a new hearing 
        date. 
           (e) A request for a hearing under this subdivision must be 
        made within 45 days after the temporary restraining order is 
        issued. 
           [EFFECTIVE DATE.] This section is effective August 1, 2004. 
           Presented to the governor March 26, 2004 
           Signed by the governor March 26, 2004, 6:50 p.m.

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