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2004 Minnesota Session Laws

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

                            CHAPTER 164-H.F.No. 1944 
                  An act relating to domestic abuse; providing another 
                  ground for extending an order for protection; amending 
                  Minnesota Statutes 2002, section 518B.01. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 518B.01, 
        subdivision 6a, is amended to read: 
           Subd. 6a.  [SUBSEQUENT ORDERS AND EXTENSIONS.] Upon 
        application, notice to all parties, and hearing, the court may 
        extend the relief granted in an existing order for protection 
        or, if a petitioner's order for protection is no longer in 
        effect when an application for subsequent relief is made, grant 
        a new order.  The court may extend the terms of an existing 
        order or, if an order is no longer in effect, grant a new order 
        upon a showing that: 
           (1) the respondent has violated a prior or existing order 
        for protection; 
           (2) the petitioner is reasonably in fear of physical harm 
        from the respondent; or 
           (3) the respondent has engaged in acts of harassment or 
        stalking within the meaning of section 609.749, subdivision 2.; 
        or 
           (4) the respondent is incarcerated and about to be 
        released, or has recently been released from incarceration. 
           A petitioner does not need to show that physical harm is 
        imminent to obtain an extension or a subsequent order under this 
        subdivision. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor April 22, 2004 
           Signed by the governor April 26, 2004, 3:05 p.m.

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