1997 Minnesota Statutes

     260.133 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 allege the existence of or immediate 
 and present danger of domestic child abuse, and shall be 
 accompanied by an affidavit made under oath stating the specific 
 facts and circumstances from which relief is sought.  

    Subd. 2.    Temporary order.  If it appears from the 
 notarized petition or by sworn affidavit 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 full 
 hearing.  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.  

    However, 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 remaining adult family or household member is able to 
 care adequately for the child or children in the absence of the 
 excluded party.  

    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.  

    An ex parte temporary order for protection shall be 
 effective for a fixed period not to exceed 14 days.  Within five 
 days of the issuance of the temporary order, the petitioner 
 shall file a petition with the court pursuant to section 
 260.131, alleging that the child is in need of protection or 
 services and the court shall give docket priority to the 
 petition.  

    The court may renew the temporary order for protection one 
 time for a fixed period not to exceed 14 days if a petition 
 alleging that the child is in need of protection or services has 
 been filed with the court and if the court determines, upon 
 informal review of the case file, that the renewal is 
 appropriate. 

    Subd. 3.    Service and execution of order.  Any order 
 issued under this section or section 260.191, subdivision 1b, 
 shall be served personally upon the respondent.  Where 
 necessary, the court shall order the sheriff or constable 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 260.191, subdivision 1b.  

    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 260.191, subdivision 1b, shall affect the title to real 
 estate.  

    Subd. 7.    Other remedies available.  Any relief 
 ordered under this section or section 260.191, subdivision 1b, 
 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 
 260.191, subdivision 1b, 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 
 260.191, subdivision 1b.  

    HIST: 1984 c 573 s 4; 1985 c 286 s 2; 1Sp1986 c 3 art 1 s 82; 
 1988 c 673 s 15