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S.F. No. 2923 - Harassment Restraining Orders (First Engrossment)
 
Author: Senator Carla J. Nelson
 
Prepared By:
 
Date: April 29, 2016



 

This bill amends the statute allowing persons who are the victims of harassment to obtain a restraining order from the court.  To a large extent, it conforms the harassment restraining order statute to similar provisions governing the issuance of an order for protection in cases involving family or household members (Domestic Abuse Act).  It also waives the filing fee for respondents in the same cases where the fee is waived for petitioners.

Section 1 amends the provision of the Domestic Abuse Act allowing an adult age 25 or older to petition on behalf of a minor, if the court finds it is in the best interests of the minor, to eliminate a reference to a “reputable” adult.

Section 2 amends the harassment restraining order statute.

Subdivision 1 adds a definition of “guardian.”

Subdivision 2 modifies the persons who may bring a petition for a restraining order.  An adult age 25 or older may petition on behalf of a minor when in the best interests of the minor.

Subdivision 3 modifies requirements governing service of the petition on the respondent.

Subdivision 3a provides for waiver of the filing fee for respondents in the same cases where the fee is waived for petitioners (alleged acts would constitute stalking or criminal sexual conduct).  The court’s authority to order the respondent to pay the petitioner’s fees is eliminated.

Subdivision 3b provides for sealing of information on the petitioner’s location or residence upon request.

Subdivision 4 includes stylistic amendments in the temporary restraining order provisions.  If neither party requests a hearing, the temporary order is valid for two years.

Subdivision 5 amends the contents of the restraining order.  A no-contact order would include any means of contact.  Language is stricken relating to restraining orders that may be for a period of up to 50 years and moved to the next subdivision.

Subdivision 5a includes the 50-year language that is stricken in the previous subdivision.

Subdivision 5b governs subsequent orders and extensions.

Subdivision 5c provides for modification of orders.

Subdivision 6 includes technical and clarifying amendments in provisions governing an arrest for violation of a restraining order.

Subdivision 7 adds new provisions governing law enforcement notifications when a petitioner’s residence changes.

Subdivision 8 corrects a cross-reference.

Subdivision 8a provides for assistance of the sheriff in service or execution of an order.

Subdivision 8b authorizes service by peace officers and other specified individuals.

 

 
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