Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
260C.148 PROCEDURE; DOMESTIC CHILD ABUSE.
Subdivision 1. Petition. The local welfare agency may bring an emergency petition on
behalf of minor family or household members seeking relief from acts of domestic child abuse.
The petition shall be brought according to section 260C.141 and shall allege the existence of or
immediate and present danger of domestic child abuse. The court has jurisdiction over the parties
to a domestic child abuse matter notwithstanding that there is a parent in the child's household
who is willing to enforce the court's order and accept services on behalf of the family.
Subd. 2. Temporary order. (a) If it appears from the notarized petition that there are
reasonable grounds to believe the child is in immediate and present danger of domestic child
abuse, the court may grant an ex parte temporary order for protection, pending a hearing pursuant
to section 260C.151, which must be held not later than 14 days after service of the ex parte order
on the respondent. The court may grant relief as it deems proper, including an order:
(1) restraining any party from committing acts of domestic child abuse; or
(2) excluding the alleged abusing party from the dwelling which the family or household
members share or from the residence of the child.
(b) No order excluding the alleged abusing party from the dwelling may be issued unless
the court finds that:
(1) the order is in the best interests of the child or children remaining in the dwelling; and
(2) a parent remaining in the child's household is able to care adequately for the child or
children in the absence of the excluded party and to seek appropriate assistance in enforcing
the provisions of the order.
(c) Before the temporary order is issued, the local welfare agency shall advise the court and
the other parties who are present that appropriate social services will be provided to the family or
household members during the effective period of the order. The petition shall identify the parent
remaining in the child's household under paragraph (b), clause (2).
An ex parte temporary order for protection shall be effective for a fixed period not to
exceed 14 days.
The court may renew the temporary order for protection one time for a fixed period not to
exceed 14 days if the court determines, upon informal review of the case file, that the renewal
is appropriate. If the court determines that the petition states a prima facie case that there are
reasonable grounds to believe that the child is in immediate danger of domestic child abuse or
child abuse without the court's order, at the hearing pursuant to section 260C.151, the court may
continue its order issued under this subdivision pending trial under section 260C.163.
Subd. 3. Service and execution of order. Any order issued under this section or section
260C.201, subdivision 3, shall be served personally upon the respondent. Where necessary, the
court shall order the sheriff to assist in service or execution of the order.
Subd. 4. Modification of order. Upon application, notice to all parties, and hearing, the
court may modify the terms of an existing order for protection issued under this section or section
260C.201, subdivision 3.
Subd. 5. Right to apply for relief. The local welfare agency's right to apply for relief on
behalf of a child shall not be affected by the child's leaving the dwelling or household to avoid
abuse.
Subd. 6. Real estate. Nothing in this section or section 260C.201, subdivision 3, shall
affect the title to real estate.
Subd. 7. Other remedies available. Any relief ordered under this section or section
260C.201, subdivision 3, shall be in addition to other available civil or criminal remedies.
Subd. 8. Copy to law enforcement agency. An order for protection granted pursuant to this
section or section 260C.201, subdivision 3, shall be forwarded by the court administrator within
24 hours to the local law enforcement agency with jurisdiction over the residence of the child.
Each appropriate law enforcement agency shall make available to other law enforcement
officers through a system of verification, information as to the existence and status of any order
for protection issued pursuant to this section or section 260C.201, subdivision 3.
History: 1999 c 139 art 3 s 8; art 4 s 2; 1999 c 245 art 8 s 47,48; 2005 c 10 art 2 s 4
Subdivision 1. Petition. The local welfare agency may bring an emergency petition on
behalf of minor family or household members seeking relief from acts of domestic child abuse.
The petition shall be brought according to section 260C.141 and shall allege the existence of or
immediate and present danger of domestic child abuse. The court has jurisdiction over the parties
to a domestic child abuse matter notwithstanding that there is a parent in the child's household
who is willing to enforce the court's order and accept services on behalf of the family.
Subd. 2. Temporary order. (a) If it appears from the notarized petition that there are
reasonable grounds to believe the child is in immediate and present danger of domestic child
abuse, the court may grant an ex parte temporary order for protection, pending a hearing pursuant
to section 260C.151, which must be held not later than 14 days after service of the ex parte order
on the respondent. The court may grant relief as it deems proper, including an order:
(1) restraining any party from committing acts of domestic child abuse; or
(2) excluding the alleged abusing party from the dwelling which the family or household
members share or from the residence of the child.
(b) No order excluding the alleged abusing party from the dwelling may be issued unless
the court finds that:
(1) the order is in the best interests of the child or children remaining in the dwelling; and
(2) a parent remaining in the child's household is able to care adequately for the child or
children in the absence of the excluded party and to seek appropriate assistance in enforcing
the provisions of the order.
(c) Before the temporary order is issued, the local welfare agency shall advise the court and
the other parties who are present that appropriate social services will be provided to the family or
household members during the effective period of the order. The petition shall identify the parent
remaining in the child's household under paragraph (b), clause (2).
An ex parte temporary order for protection shall be effective for a fixed period not to
exceed 14 days.
The court may renew the temporary order for protection one time for a fixed period not to
exceed 14 days if the court determines, upon informal review of the case file, that the renewal
is appropriate. If the court determines that the petition states a prima facie case that there are
reasonable grounds to believe that the child is in immediate danger of domestic child abuse or
child abuse without the court's order, at the hearing pursuant to section 260C.151, the court may
continue its order issued under this subdivision pending trial under section 260C.163.
Subd. 3. Service and execution of order. Any order issued under this section or section
260C.201, subdivision 3, shall be served personally upon the respondent. Where necessary, the
court shall order the sheriff to assist in service or execution of the order.
Subd. 4. Modification of order. Upon application, notice to all parties, and hearing, the
court may modify the terms of an existing order for protection issued under this section or section
260C.201, subdivision 3.
Subd. 5. Right to apply for relief. The local welfare agency's right to apply for relief on
behalf of a child shall not be affected by the child's leaving the dwelling or household to avoid
abuse.
Subd. 6. Real estate. Nothing in this section or section 260C.201, subdivision 3, shall
affect the title to real estate.
Subd. 7. Other remedies available. Any relief ordered under this section or section
260C.201, subdivision 3, shall be in addition to other available civil or criminal remedies.
Subd. 8. Copy to law enforcement agency. An order for protection granted pursuant to this
section or section 260C.201, subdivision 3, shall be forwarded by the court administrator within
24 hours to the local law enforcement agency with jurisdiction over the residence of the child.
Each appropriate law enforcement agency shall make available to other law enforcement
officers through a system of verification, information as to the existence and status of any order
for protection issued pursuant to this section or section 260C.201, subdivision 3.
History: 1999 c 139 art 3 s 8; art 4 s 2; 1999 c 245 art 8 s 47,48; 2005 c 10 art 2 s 4
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Revisor of Statutes