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518B.01 DOMESTIC ABUSE ACT.
    Subdivision 1. Short title. This section may be cited as the Domestic Abuse Act.
    Subd. 2. Definitions. As used in this section, the following terms shall have the meanings
given them:
(a) "Domestic abuse" means the following, if committed against a family or household
member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual
conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; or
interference with an emergency call within the meaning of section 609.78, subdivision 2.
(b) "Family or household members" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have resided together in the past;
(5) persons who have a child in common regardless of whether they have been married
or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any time; and
(7) persons involved in a significant romantic or sexual relationship.
Issuance of an order for protection on the ground in clause (6) does not affect a determination
of paternity under sections 257.51 to 257.74. In determining whether persons are or have been
involved in a significant romantic or sexual relationship under clause (7), the court shall consider
the length of time of the relationship; type of relationship; frequency of interaction between the
parties; and, if the relationship has terminated, length of time since the termination.
(c) "Qualified domestic violence-related offense" has the meaning given in section 609.02,
subdivision 16
.
    Subd. 3. Court jurisdiction. An application for relief under this section may be filed in the
court having jurisdiction over dissolution actions, in the county of residence of either party, in the
county in which a pending or completed family court proceeding involving the parties or their
minor children was brought, or in the county in which the alleged domestic abuse occurred.
There are no residency requirements that apply to a petition for an order for protection. In a
jurisdiction which utilizes referees in dissolution actions, the court or judge may refer actions
under this section to a referee to take and report the evidence in the action in the same manner and
subject to the same limitations provided in section 518.13. Actions under this section shall be
given docket priorities by the court.
    Subd. 3a. Filing fee. The filing fees for an order for protection under this section are waived
for the petitioner. The court administrator, the sheriff of any county in this state, and other law
enforcement and corrections officers shall perform their duties relating to service of process
without charge to the petitioner. The court shall direct payment of the reasonable costs of service
of process if served by a private process server when the sheriff or other law enforcement or
corrections officer is unavailable or if service is made by publication, without requiring the
petitioner to make application under section 563.01. The court may direct a respondent to pay to
the court administrator the petitioner's filing fees and reasonable costs of service of process if the
court determines that the respondent has the ability to pay the petitioner's fees and costs.
    Subd. 3b. Information on petitioner's location or residence. Upon the petitioner's
request, information maintained by the court regarding the petitioner's location or residence is
not accessible to the public and may be disclosed only to court personnel or law enforcement for
purposes of service of process, conducting an investigation, or enforcing an order.
    Subd. 4. Order for protection. There shall exist an action known as a petition for an order
for protection in cases of domestic abuse.
(a) A petition for relief under this section may be made by any family or household member
personally or by a family or household member, a guardian as defined in section 524.1-201, clause
(20), or, if the court finds that it is in the best interests of the minor, by a reputable adult age 25 or
older on behalf of minor family or household members. A minor age 16 or older may make a
petition on the minor's own behalf against a spouse or former spouse, or a person with whom
the minor has a child in common, if the court determines that the minor has sufficient maturity
and judgment and that it is in the best interests of the minor.
(b) A petition for relief shall allege the existence of domestic abuse, and shall be
accompanied by an affidavit made under oath stating the specific facts and circumstances from
which relief is sought.
(c) A petition for relief must state whether the petitioner has ever had an order for protection
in effect against the respondent.
(d) A petition for relief must state whether there is an existing order for protection in effect
under this chapter governing both the parties and whether there is a pending lawsuit, complaint,
petition or other action between the parties under chapter 257, 518, 518A, 518B, or 518C. The
court administrator shall verify the terms of any existing order governing the parties. The court
may not delay granting relief because of the existence of a pending action between the parties or
the necessity of verifying the terms of an existing order. A subsequent order in a separate action
under this chapter may modify only the provision of an existing order that grants relief authorized
under subdivision 6, paragraph (a), clause (1). A petition for relief may be granted, regardless of
whether there is a pending action between the parties.
(e) The court shall provide simplified forms and clerical assistance to help with the writing
and filing of a petition under this section.
(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion and
affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist with the writing
and filing of the motion and affidavit.
(g) The court shall advise a petitioner under paragraph (e) of the right to serve the respondent
by published notice under subdivision 5, paragraph (b), if the respondent is avoiding personal
service by concealment or otherwise, and shall assist with the writing and filing of the affidavit.
(h) The court shall advise the petitioner of the right to seek restitution under the petition
for relief.
(i) The court shall advise the petitioner of the right to request a hearing under subdivision 7,
paragraph (c). If the petitioner does not request a hearing, the court shall advise the petitioner that
the respondent may request a hearing and that notice of the hearing date and time will be provided
to the petitioner by mail at least five days before the hearing.
(j) The court shall advise the petitioner of the right to request supervised parenting time, as
provided in section 518.175, subdivision 1a.
    Subd. 5. Hearing on application; notice. (a) Upon receipt of the petition, the court shall
order a hearing which shall be held not later than 14 days from the date of the order for hearing
unless an ex parte order is issued.
(b) If an ex parte order has been issued under subdivision 7 and the petitioner seeks only the
relief under subdivision 7, paragraph (a), a hearing is not required unless:
(1) the court declines to order the requested relief; or
(2) one of the parties requests a hearing.
(c) If an ex parte order has been issued under subdivision 7 and the petitioner seeks relief
beyond that specified in subdivision 7, paragraph (a), or if the court declines to order relief
requested by the petitioner, a hearing must be held within seven days. Personal service of the ex
parte order may be made upon the respondent at any time up to 12 hours prior to the time set
for the hearing, provided that the respondent at the hearing may request a continuance of up to
five days if served fewer than five days prior to the hearing which continuance shall be granted
unless there are compelling reasons not to.
(d) If an ex parte order has been issued only granting relief under subdivision 7, paragraph
(a), and the respondent requests a hearing, the hearing shall be held within ten days of the
court's 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
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 no more than five days later.
(e) If for good cause shown either party is unable to proceed at the initial hearing and
requests a continuance and the court finds that a continuance is appropriate, the hearing may be
continued. Unless otherwise agreed by the parties and approved by the court, the continuance
shall be for no more than five days. If the court grants the requested continuance, the court shall
also issue a written order continuing all provisions of the ex parte order pending the issuance of
an order after the hearing.
(f) Notwithstanding the preceding provisions of this subdivision, service on the respondent
may be made by one week published notice, as provided under section 645.11, provided the
petitioner files with the court an affidavit stating that an attempt at personal service made by a
sheriff or other law enforcement or corrections officer was unsuccessful because the respondent
is avoiding service by concealment or otherwise, and that a copy of the petition and notice of
hearing has been mailed to the respondent at the respondent's residence or that the residence is not
known to the petitioner. Service under this paragraph is complete seven days after publication.
The court shall set a new hearing date if necessary to allow the respondent the five-day minimum
notice required under paragraph (d).
    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. 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 or 518A, 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 518A;
(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 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.
    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;
(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.
    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.
    Subd. 8. Service; alternate service; publication; notice. (a) The petition and any order
issued under this section shall be served on the respondent personally. In lieu of personal service
of an order for protection, a law enforcement officer may serve a person with a short form
notification as provided in subdivision 8a.
(b) When service is made out of this state and in the United States, it may be proved by the
affidavit of the person making the service. When service is made outside the United States, it
may be proved by the affidavit of the person making the service, taken before and certified by
any United States minister, charge d'affaires, commissioner, consul, or commercial agent, or
other consular or diplomatic officer of the United States appointed to reside in the other country,
including all deputies or other representatives of the officer authorized to perform their duties;
or before an office authorized to administer an oath with the certificate of an officer of a court
of record of the country in which the affidavit is taken as to the identity and authority of the
officer taking the affidavit.
(c) If personal service cannot be made, the court may order service of the petition and any
order issued under this section by alternate means, or by publication, which publication must be
made as in other actions. The application for alternate service must include the last known location
of the respondent; the petitioner's most recent contacts with the respondent; the last known
location of the respondent's employment; the names and locations of the respondent's parents,
siblings, children, and other close relatives; the names and locations of other persons who are
likely to know the respondent's whereabouts; and a description of efforts to locate those persons.
The court shall consider the length of time the respondent's location has been unknown, the
likelihood that the respondent's location will become known, the nature of the relief sought, and
the nature of efforts made to locate the respondent. The court shall order service by first class
mail, forwarding address requested, to any addresses where there is a reasonable possibility that
mail or information will be forwarded or communicated to the respondent.
The court may also order publication, within or without the state, but only if it might
reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed
complete 14 days after mailing or 14 days after court-ordered publication.
(d) A petition and any order issued under this section, including the short form notification,
must include a notice to the respondent that if an order for protection is issued to protect the
petitioner or a child of the parties, upon request of the petitioner in any parenting time proceeding,
the court shall consider the order for protection in making a decision regarding parenting time.
    Subd. 8a. Short form notification. (a) In lieu of personal service of an order for protection
under subdivision 8, a law enforcement officer may serve a person with a short form notification.
The short form notification must include the following clauses: the respondent's name; the
respondent's date of birth, if known; the petitioner's name; the names of other protected parties;
the date and county in which the ex parte order for protection or order for protection was filed; the
court file number; the hearing date and time, if known; the conditions that apply to the respondent,
either in checklist form or handwritten; and the name of the judge who signed the order.
The short form notification must be in bold print in the following form:
The order for protection is now enforceable. You must report to your nearest sheriff office or
county court to obtain a copy of the order for protection. You are subject to arrest and may be
charged with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the
order for protection or this short form notification.
(b) Upon verification of the identity of the respondent and the existence of an unserved order
for protection against the respondent, a law enforcement officer may detain the respondent for a
reasonable time necessary to complete and serve the short form notification.
(c) When service is made by short form notification, it may be proved by the affidavit of the
law enforcement officer making the service.
(d) For service under this section only, service upon an individual may occur at any time,
including Sundays, and legal holidays.
(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
form to law enforcement agencies.
    Subd. 9. Assistance of sheriff in service or execution. When an order is issued under this
section upon request of the petitioner, the court shall order the sheriff to accompany the petitioner
and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist
in execution or service of the order of protection. If the application for relief is brought in a
county in which the respondent is not present, the sheriff shall forward the pleadings necessary
for service upon the respondent to the sheriff of the county in which the respondent is present.
This transmittal must be expedited to allow for timely service.
    Subd. 9a. Service by others. Peace officers licensed by the state of Minnesota and
corrections officers, including, but not limited to, probation officers, court services officers, parole
officers, and employees of jails or correctional facilities, may serve an order for protection.
    Subd. 10. Right to apply for relief. (a) A person's right to apply for relief shall not be
affected by the person's leaving the residence or household to avoid abuse.
(b) The court shall not require security or bond of any party unless it deems necessary
in exceptional cases.
    Subd. 11. Modification of order. Upon application, notice to all parties, and hearing, the
court may modify the terms of an existing order for protection.
    Subd. 12. Real estate. Nothing in this section shall affect the title to real estate.
    Subd. 13. Copy to law enforcement agency. (a) An order for protection and any continuance
of an order for protection granted pursuant to this section shall be forwarded by the court
administrator within 24 hours to the local law enforcement agency with jurisdiction over the
residence of the applicant.
Each appropriate law enforcement agency shall make available to other law enforcement
officers through a system for verification, information as to the existence and status of any order
for protection issued pursuant to this section.
(b) If the applicant notifies the court administrator of a change in the applicant's residence
so that a different local law enforcement agency has jurisdiction over the residence, the order
for protection and any continuance of an order for protection must be forwarded by the court
administrator to the new law enforcement agency within 24 hours of the notice. If the applicant
notifies the new law enforcement agency that an order for protection has been issued under this
section and the applicant has established a new residence within that agency's jurisdiction, within
24 hours the local law enforcement agency shall request a copy of the order for protection from
the court administrator in the county that issued the order.
(c) When an order for protection is granted, the applicant for an order for protection must be
told by the court that:
(1) notification of a change in residence should be given immediately to the court
administrator and to the local law enforcement agency having jurisdiction over the new residence
of the applicant;
(2) the reason for notification of a change in residence is to forward an order for protection
to the proper law enforcement agency; and
(3) the order for protection must be forwarded to the law enforcement agency having
jurisdiction over the new residence within 24 hours of notification of a change in residence,
whether notification is given to the court administrator or to the local law enforcement agency
having jurisdiction over the applicant's new residence.
An order for protection is enforceable even if the applicant does not notify the court
administrator or the appropriate law enforcement agency of a change in residence.
    Subd. 14. Violation of an order for protection. (a) A person who violates an order for
protection issued by a judge or referee is subject to the penalties provided in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for protection
is granted by a judge or referee or pursuant to a similar law of another state, the United States,
the District of Columbia, tribal lands, or United States territories, and the respondent or person
to be restrained knows of the existence of the order, violation of the order for protection is a
misdemeanor. Upon a misdemeanor conviction under this paragraph, the defendant must be
sentenced to a minimum of three days imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court. If the court stays imposition
or execution of the jail sentence and the defendant refuses or fails to comply with the court's
treatment order, the court must impose and execute the stayed jail sentence. A violation of an
order for protection shall also constitute contempt of court and be subject to the penalties provided
in chapter 588.
(c) A person is guilty of a gross misdemeanor who knowingly violates this subdivision within
ten years of a previous qualified domestic violence-related offense conviction or adjudication of
delinquency. Upon a gross misdemeanor conviction under this paragraph, the defendant must
be sentenced to a minimum of ten days imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court. Notwithstanding section 609.135,
the court must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both, if the person knowingly
violates this subdivision:
(1) within ten years of the first of two or more previous qualified domestic violence-related
offense convictions or adjudications of delinquency; or
(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.
Upon a felony conviction under this paragraph in which the court stays imposition or execution
of sentence, the court shall impose at least a 30-day period of incarceration as a condition
of probation. The court also shall order that the defendant participate in counseling or other
appropriate programs selected by the court. Notwithstanding section 609.135, the court must
impose and execute the minimum sentence provided in this paragraph for felony convictions.
(e) 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 this section
or a similar law of another state, the United States, the District of Columbia, tribal lands, or
United States territories restraining the person or excluding the person from the residence or the
petitioner's place of employment, even if the violation of the order did not take place in the
presence of the peace officer, if the existence of the order can be verified by the officer. The
probable cause required under this paragraph includes probable cause that the person knows of
the existence of the order. If the order has not been served, the officer shall immediately serve the
order whenever reasonably safe and possible to do so. An order for purposes of this subdivision,
includes the short form order described in subdivision 8a. When the order is first served upon the
person at a location at which, under the terms of the order, the person's presence constitutes a
violation, the person shall not be arrested for violation of the order without first being given a
reasonable opportunity to leave the location in the presence of the peace officer. A person arrested
under this paragraph shall be held in custody for at least 36 hours, excluding the day of arrest,
Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A peace
officer acting in good faith and exercising due care in making an arrest pursuant to this paragraph
is immune from civil liability that might result from the officer's actions.
(f) If the court finds that the respondent has violated an order for protection and that there
is reason to believe that the respondent will commit a further violation of the provisions of
the order restraining the respondent from committing acts of domestic abuse or excluding the
respondent from the petitioner's residence, the court may require the respondent to acknowledge
an obligation to comply with the order on the record. The court may require a bond sufficient to
deter the respondent from committing further violations of the order for protection, considering
the financial resources of the respondent, and not to exceed $10,000. If the respondent refuses to
comply with an order to acknowledge the obligation or post a bond under this paragraph, the court
shall commit the respondent to the county jail during the term of the order for protection or until
the respondent complies with the order under this paragraph. The warrant must state the cause of
commitment, with the sum and time for which any bond is required. If an order is issued under
this paragraph, the court may order the costs of the contempt action, or any part of them, to be
paid by the respondent. An order under this paragraph is appealable.
(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
party designated by the court, alleging that the respondent has violated any order for protection
granted pursuant to this section or a similar law of another state, the United States, the District of
Columbia, tribal lands, or United States territories, 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 and punished therefor. The hearing may be held by the court
in any county in which the petitioner or respondent temporarily or permanently resides at the
time of the alleged violation, or in the county in which the alleged violation occurred, if the
petitioner and respondent do not reside in this state. The court also shall refer the violation of
the order for protection to the appropriate prosecuting authority for possible prosecution under
paragraph (b), (c), or (d).
(h) If it is alleged that the respondent has violated an order for protection issued under
subdivision 6 or a similar law of another state, the United States, the District of Columbia, tribal
lands, or United States territories, and the court finds that the order has expired between the time
of the alleged violation and the court's hearing on the violation, the court may grant a new order
for protection under subdivision 6 based solely on the respondent's alleged violation of the prior
order, to be effective until the hearing on the alleged violation of the prior order. If the court finds
that the respondent has violated the prior order, the relief granted in the new order for protection
shall be extended for a fixed period, not to exceed one year, except when the court determines a
longer fixed period is appropriate.
(i) The admittance into petitioner's dwelling of an abusing party excluded from the dwelling
under an order for protection is not a violation by the petitioner of the order for protection.
A peace officer is not liable under section 609.43, clause (1), for a failure to perform a duty
required by paragraph (e).
(j) When a person is convicted under paragraph (b) or (c) of violating an order for protection
and the court determines that the person used a firearm in any way during commission of the
violation, the court may order that the person is prohibited from possessing any type of firearm for
any period longer than three years or for the remainder of the person's life. A person who violates
this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall
inform the defendant whether and for how long the defendant is prohibited from possessing a
firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to
provide this information to a defendant does not affect the applicability of the firearm possession
prohibition or the gross misdemeanor penalty to that defendant.
(k) Except as otherwise provided in paragraph (j), when a person is convicted under
paragraph (b) or (c) of violating an order for protection, the court shall inform the defendant that
the defendant is prohibited from possessing a pistol for three years from the date of conviction
and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to
provide this information to a defendant does not affect the applicability of the pistol possession
prohibition or the gross misdemeanor penalty to that defendant.
(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a pistol if
the person has been convicted under paragraph (b) or (c) after August 1, 1996, of violating an
order for protection, unless three years have elapsed from the date of conviction and, during that
time, the person has not been convicted of any other violation of this section. Property rights may
not be abated but access may be restricted by the courts. A person who possesses a pistol in
violation of this paragraph is guilty of a gross misdemeanor.
(m) If the court determines that a person convicted under paragraph (b) or (c) of violating an
order for protection owns or possesses a firearm and used it in any way during the commission
of the violation, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3.
    Subd. 15. Admissibility of testimony in criminal proceeding. Any testimony offered by a
respondent in a hearing pursuant to this section is inadmissible in a criminal proceeding.
    Subd. 16. Other remedies available. Any proceeding under this section shall be in addition
to other civil or criminal remedies.
    Subd. 17. Effect on custody proceedings. In a subsequent custody proceeding the court
must consider a finding in a proceeding under this chapter or under a similar law of another state
that domestic abuse has occurred between the parties.
    Subd. 18. Notices. Each order for protection granted under this chapter must contain a
conspicuous notice to the respondent or person to be restrained that:
(1) violation of an order for protection is either (i) a misdemeanor punishable by
imprisonment for up to 90 days or a fine of up to $1,000, or both, (ii) a gross misdemeanor
punishable by imprisonment of up to one year or a fine of up to $3,000, or both, or (iii) a felony
punishable by imprisonment of up to five years or a fine of up to $10,000, or both;
(2) the respondent is forbidden to enter or stay at the petitioner's residence, even if invited to
do so by the petitioner or any other person; in no event is the order for protection voided;
(3) a peace officer must arrest without warrant and take into custody a person whom the
peace officer has probable cause to believe has violated an order for protection restraining the
person or excluding the person from a residence; and
(4) pursuant to the Violence Against Women Act of 1994, United States Code, title 18,
section 2265, the order is enforceable in all 50 states, the District of Columbia, tribal lands, and
United States territories, that violation of the order may also subject the respondent to federal
charges and punishment under United States Code, title 18, sections 2261 and 2262, and that if a
final order is entered against the respondent after the hearing, the respondent may be prohibited
from possessing, transporting, or accepting a firearm under the 1994 amendment to the Gun
Control Act, United States Code, title 18, section 922(g)(8).
    Subd. 19. Recording required. Proceedings under this section must be recorded.
    Subd. 19a. Entry and enforcement of foreign protective orders. (a) As used in this
subdivision, "foreign protective order" means an order for protection entered by a court of another
state; an order by an Indian tribe or United States territory that would be a protective order
entered under this chapter; a temporary or permanent order or protective order to exclude a
respondent from a dwelling; or an order that establishes conditions of release or is a protective
order or sentencing order in a criminal prosecution arising from a domestic abuse assault if
it had been entered in Minnesota.
(b) A person for whom a foreign protection order has been issued or the issuing court or
tribunal may provide a certified or authenticated copy of a foreign protective order to the court
administrator in any county that would have venue if the original action was being commenced in
this state or in which the person in whose favor the order was entered may be present, for filing
and entering of the same into the state order for protection database.
(c) The court administrator shall file and enter foreign protective orders that are not certified
or authenticated, if supported by an affidavit of a person with personal knowledge, subject to the
penalties for perjury. The person protected by the order may provide this affidavit.
(d) The court administrator shall provide copies of the order as required by this section.
(e) A valid foreign protective order has the same effect and shall be enforced in the same
manner as an order for protection issued in this state whether or not filed with a court administrator
or otherwise entered in the state order for protection database.
(f) A foreign protective order is presumed valid if it meets all of the following:
(1) the order states the name of the protected individual and the individual against whom
enforcement is sought;
(2) the order has not expired;
(3) the order was issued by a court or tribunal that had jurisdiction over the parties and
subject matter under the law of the foreign jurisdiction; and
(4) the order was issued in accordance with the respondent's due process rights, either after
the respondent was provided with reasonable notice and an opportunity to be heard before the
court or tribunal that issued the order, or in the case of an ex parte order, the respondent was
granted notice and an opportunity to be heard within a reasonable time after the order was issued.
(g) Proof that a foreign protective order failed to meet all of the factors listed in paragraph (f)
is an affirmative defense in any action seeking enforcement of the order.
(h) A peace officer shall treat a foreign protective order as a valid legal document and shall
make an arrest for a violation of the foreign protective order in the same manner that a peace
officer would make an arrest for a violation of a protective order issued within this state.
(i) The fact that a foreign protective order has not been filed with the court administrator or
otherwise entered into the state order for protection database shall not be grounds to refuse to
enforce the terms of the order unless it is apparent to the officer that the order is invalid on its face.
(j) A peace officer acting reasonably and in good faith in connection with the enforcement
of a foreign protective order is immune from civil and criminal liability in any action arising in
connection with the enforcement.
(k) Filing and service costs in connection with foreign protective orders are waived.
    Subd. 20. Statewide application. An order for protection granted under this section applies
throughout this state.
    Subd. 21. Order for protection forms. The state court administrator, in consultation with
the Advisory Council on Battered Women and Domestic Abuse, city and county attorneys, and
legal advocates who work with victims, shall develop a uniform order for protection form that
will facilitate the consistent enforcement of orders for protection throughout the state.
    Subd. 22. Domestic abuse no contact order. (a) A domestic abuse no contact order is an
order issued by a court against a defendant in a criminal proceeding for:
    (1) domestic abuse;
    (2) harassment or stalking charged under section 609.749 and committed against a family or
household member;
    (3) violation of an order for protection charged under subdivision 14; or
    (4) violation of a prior domestic abuse no contact order charged under this subdivision.
It includes pretrial orders before final disposition of the case and probationary orders after
sentencing.
    (b) A person who knows of the existence of a domestic abuse no contact order issued against
the person and violates the order is guilty of a misdemeanor.
    (c) A person is guilty of a gross misdemeanor who knowingly violates this subdivision within
ten years of a previous qualified domestic violence-related offense conviction or adjudication of
delinquency. Upon a gross misdemeanor conviction under this paragraph, the defendant must
be sentenced to a minimum of ten days' imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court as provided in section 518B.02.
Notwithstanding section 609.135, the court must impose and execute the minimum sentence
provided in this paragraph for gross misdemeanor convictions.
    (d) A person is guilty of a felony and may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both, if the person knowingly
violates this subdivision: (1) within ten years of the first of two or more previous qualified
domestic violence-related offense convictions or adjudications of delinquency; or (2) while
possessing a dangerous weapon, as defined in section 609.02, subdivision 6. Upon a felony
conviction under this paragraph in which the court stays imposition or execution of sentence,
the court shall impose at least a 30-day period of incarceration as a condition of probation. The
court also shall order that the defendant participate in counseling or other appropriate programs
selected by the court. Notwithstanding section 609.135, the court must impose and execute the
minimum sentence provided in this paragraph for felony convictions.
    (e) 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 a domestic abuse no contact order, even if
the violation of the order did not take place in the presence of the peace officer, if the existence of
the order can be verified by the officer. The person shall be held in custody for at least 36 hours,
excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge
or judicial officer. A peace officer acting in good faith and exercising due care in making an arrest
pursuant to this paragraph is immune from civil liability that might result from the officer's actions.
    Subd. 23. Prohibition against employer retaliation. (a) An employer shall not discharge,
discipline, threaten, otherwise discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or privileges of employment, because
the employee took reasonable time off from work to obtain or attempt to obtain relief under
this chapter. Except in cases of imminent danger to the health or safety of the employee or the
employee's child, or unless impracticable, an employee who is absent from the workplace shall
give 48 hours' advance notice to the employer. Upon request of the employer, the employee shall
provide verification that supports the employee's reason for being absent from the workplace.
All information related to the employee's leave pursuant to this section shall be kept confidential
by the employer.
(b) An employer who violates paragraph (a) is guilty of a misdemeanor and may be punished
for contempt of court. In addition, the court shall order the employer to pay back wages and offer
job reinstatement to any employee discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law, an employee injured by a
violation of paragraph (a) may bring a civil action for recovery of damages, together with costs
and disbursements, including reasonable attorneys fees, and may receive such injunctive and other
equitable relief, including reinstatement, as determined by the court.
History: 1979 c 214 s 1; 1981 c 273 s 2; 1983 c 52 s 1-3; 1983 c 308 s 26,27; 1985 c 195 s
1-4; 1986 c 351 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 69,82; 1987 c 106 s 2; 1987 c 237 s 2-5;
1988 c 638 s 3; 1990 c 583 s 1-3; 1991 c 271 s 7; 1991 c 272 s 2-5; 1992 c 464 art 1 s 56; 1992 c
571 art 6 s 2-9; 1993 c 322 s 17-20; 1993 c 326 art 2 s 4-9; 1Sp1993 c 5 s 1; 1994 c 630 art 12 s
5; 1994 c 636 art 2 s 11,12; 1995 c 142 s 2-5; 1995 c 226 art 7 s 3-7; 1995 c 259 art 3 s 6; 1996
c 408 art 4 s 1; 1997 c 96 s 3; 1997 c 239 art 7 s 11-15; 1998 c 367 art 5 s 1-5; 2000 c 437 s
1-4; 2000 c 444 art 1 s 7; art 2 s 42,43; 2000 c 445 art 2 s 8; 1Sp2001 c 8 art 10 s 1-5; 2002
c 282 s 1,2; 2002 c 304 s 9-11; 2004 c 145 s 1; 2004 c 164 s 1; 2004 c 228 art 1 s 72; 2005 c
10 art 2 s 4; 2005 c 76 s 1; 2005 c 136 art 8 s 20; art 17 s 5; 2005 c 164 s 29; 1Sp2005 c 7 s
28; 2006 c 260 art 1 s 10,11; art 5 s 48; 2007 c 54 art 2 s 1
NOTE: Subdivision 19a, as added by Laws 2006, chapter 260, article 5, section 48, is
effective August 1, 2006, for protective orders issued by a tribal court in Minnesota and August
1, 2007, for all other foreign protective orders. Laws 2006, chapter 260, article 5, section 48, as
amended by Laws 2006, chapter 280, article 45.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569