1999 Minnesota Statutes

     260C.405 Violation of an order for protection. 

    Subdivision 1.    Violation; penalty.  Whenever an order 
 for protection is granted pursuant to section 260C.148 or 
 260C.201, subdivision 3, restraining the person or excluding the 
 person from the residence, and the respondent or person to be 
 restrained knows of the order, violation of the order for 
 protection is a misdemeanor.  

    Subd. 2.    Arrest.  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 section 260C.148 or 260C.201, subdivision 3, 
 restraining the person or excluding the person from the 
 residence, if the existence of the order can be verified by the 
 officer.  

    Subd. 3.    Contempt.  A violation of an order for 
 protection shall also constitute contempt of court and the 
 person violating the order shall be subject to the penalties for 
 contempt.  

    Subd. 4.    Order to show cause.  Upon the filing of an 
 affidavit by the agency or any peace officer, alleging that the 
 respondent has violated an order for protection granted pursuant 
 to section 260C.148 or 260C.201, subdivision 3, 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.  The hearing may be held by 
 the court in any county in which the child or respondent 
 temporarily or permanently resides at the time of the alleged 
 violation.  

    A peace officer is not liable under section 609.43, clause 
 (1), for failure to perform a duty required by subdivision 2.  

    HIST: 1999 c 139 art 3 s 39