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2005 Minnesota Session Laws

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

                            CHAPTER 76-H.F.No. 2110 
                  An act relating to domestic abuse; limiting required 
                  findings when awarding custody and parenting time in 
                  the context of a domestic abuse hearing; amending 
                  Minnesota Statutes 2004, section 518B.01, subdivision 
                  6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, 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: 
           (1) restrain the abusing party from committing acts of 
        domestic abuse; 
           (2) exclude the abusing party from the dwelling which the 
        parties share or from the residence of the petitioner; 
           (3) exclude the abusing party from a reasonable area 
        surrounding the dwelling or residence, which area shall be 
        described specifically in the order; 
           (4) award temporary custody or establish temporary 
        parenting time with regard to minor children of the parties on a 
        basis which gives primary consideration to the safety of the 
        victim and the children.  Except for cases in which custody is 
        contested, In addition to the primary safety considerations, the 
        court may consider particular best interest factors that are 
        found to be relevant to the temporary custody and parenting time 
        award.  Findings under section 257.025, 518.17, or 518.175 are 
        not required with respect to the particular best interest 
        factors not considered by the court.  If the court finds that 
        the safety of the victim or the children will be jeopardized by 
        unsupervised or unrestricted parenting time, the court shall 
        condition or restrict parenting time as to time, place, 
        duration, or supervision, or deny parenting time entirely, as 
        needed to guard the safety of the victim and the children.  The 
        court's decision on custody and parenting time shall in no way 
        delay the issuance of an order for protection granting other 
        relief provided for in this section.  The court must not enter a 
        parenting plan under section 518.1705 as part of an action for 
        an order for protection; 
           (5) 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; 
           (6) provide upon request of the petitioner counseling or 
        other social services for the parties, if married, or if there 
        are minor children; 
           (7) order the abusing party to participate in treatment or 
        counseling services, including requiring the abusing party to 
        successfully complete a domestic abuse counseling program or 
        educational program under section 518B.02; 
           (8) 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; 
           (9) exclude the abusing party from the place of employment 
        of the petitioner, or otherwise limit access to the petitioner 
        by the abusing party at the petitioner's place of employment; 
           (10) order the abusing party to pay restitution to the 
        petitioner; 
           (11) order the continuance of all currently available 
        insurance coverage without change in coverage or beneficiary 
        designation; and 
           (12) 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, constable, or 
        other law enforcement or corrections officer 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.  When a referee 
        presides at the hearing on the petition, the order granting 
        relief becomes effective upon the referee's signature. 
           (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) or (3), is not voided by the admittance of the 
        abusing party into the dwelling from which the abusing party is 
        excluded. 
           (e) If a proceeding for dissolution of marriage or legal 
        separation is pending between the parties, the court shall 
        provide a copy of the order for protection to the court with 
        jurisdiction over the dissolution or separation proceeding for 
        inclusion in its file. 
           (f) An order for restitution issued under this subdivision 
        is enforceable as civil judgment. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor May 20, 2005 
           Signed by the governor May 24, 2005, 1:45 p.m.

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