Civil Harrasment Restraining Order - DOC

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Civil Harrasment Restraining Order - DOC Powered By Docstoc
					                                                                     Minnesota Laws

LIST OF SELECTED LAWS


1. 518B.01- Domestic Abuse Act
2. 518B.02 – Domestic Abuse Counseling Program or Educational Program
   Required
3. 609.2242 – Domestic Assault
4. 609.2243 – Sentencing; Repeat Domestic Assault
5. 609.2247 – Domestic Assault by Strangulation
6. 609.749 – Harassment; stalking; penalties
7. 611A.32 – Battered Women Programs
8. 518.131 – Temporary Orders and Restraining Orders
9. 518.157 – Parent Education Program in Proceedings Involving Children
10. 518.17 - Custody and Support of Children on Judgment
11. 518.1705 - Parenting Plans
12. 518.175 -Parenting Time




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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



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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.



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(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



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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;



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(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.



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  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



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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



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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,



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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



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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



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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



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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



                                                  13
                                                                                   Minnesota Laws

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.



                                                  14
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(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



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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,



                                                  16
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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.




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                                                                                 Minnesota Laws

518B.02 DOMESTIC ABUSE COUNSELING PROGRAM OR EDUCATIONAL
PROGRAM REQUIRED.


     Subdivision 1. Court-ordered domestic abuse counseling program or educational
program. If the court stays imposition or execution of a sentence for a domestic abuse offense
and places the offender on probation, the court shall order that, as a condition of the stayed
sentence, the offender participate in and successfully complete a domestic abuse counseling
program or educational program.
     Subd. 2. Standards for domestic abuse counseling programs and domestic abuse
educational programs. (a) Domestic abuse counseling or educational programs that provide
group or class sessions for court-ordered domestic abuse offenders must provide documentation
to
the probation department or the court on program policies and how the program meets the criteria
contained in paragraphs (b) to (l).
(b) Programs shall require offenders and abusing parties to attend a minimum of 24 sessions
or 36 hours of programming, unless a probation agent has recommended fewer sessions. The
documentation provided to the probation department or the court must specify the length of the
program that offenders are required to complete.
(c) Programs must have a written policy requiring that counselors and facilitators report to
the court and to the offender's probation or corrections officer any threats of violence made by
the offender or abusing party, acts of violence by the offender or abusing party, violation of
court orders by the offender or abusing party, and violation of program rules that resulted in the
offender's or abusing party's termination from the program. Programs shall have written policies
requiring that counselors and facilitators hold offenders and abusing parties solely responsible for
their behavior.
Programs shall have written policies requiring that counselors and facilitators be violence
free in their own lives.
(d) Each program shall conduct an intake process with each offender or abusing party. This
intake process shall look for chemical dependency problems and possible risks the offender or
abusing party might pose to self or others. The program must have policies regarding referral of a
chemically dependent offender or abusing party to a chemical dependency treatment center. If the
offender or abusing party poses a risk to self or others, the program shall report this information
to
the court, the probation or corrections officer, and the victim.
(e) If the offender or abusing party is reported back to the court or is terminated from the
program, the program shall notify the victim of the circumstances unless the victim requests
otherwise.
(f) Programs shall require court-ordered offenders and abusing parties to sign a release of



                                                 18
                                                                                    Minnesota Laws

information authorizing communication regarding the offender's or abusing party's progress in
the program to the court, the offender's probation or corrections officer, other providers, and the
victim. The offender or abusing party may not enter the program if the offender does not sign
a release.
(g) If a counselor or facilitator contacts the victim, the counselor or facilitator must not elicit
any information that the victim does not want to provide. A counselor or facilitator who contacts
a
victim shall (1) notify the victim of the right not to provide any information, (2) notify the victim
of how any information provided will be used and with whom it will be shared, and (3) obtain
the victim's permission before eliciting information from the victim or sharing information with
anyone other than staff of the counseling program.
Programs shall have written policies requiring that counselors and facilitators inform victims
of the confidentiality of information as provided by this subdivision. Programs must maintain
separate files for information pertaining to the offender or abusing party and to the victim.
If a counselor or facilitator contacts a victim, the counselor or facilitator shall provide the
victim with referral information for support services.
(h) Programs shall have written policies forbidding program staff from disclosing any
confidential communication made by the offender or abusing party without the consent of the
offender or abusing party, except that programs must warn a potential victim of imminent danger
based upon information provided by an offender or abusing party.
(i) The counseling program or educational program must provide services in a group setting,
unless the offender or abusing party would be inappropriate in a group setting.
Programs must provide separate sessions for male and female offenders and abusing parties.
(j) Programs shall have written policies forbidding program staff from offering or referring
marriage or couples counseling until the offender or abusing party has completed a domestic
abuse counseling program or educational program for the minimum number of court-ordered
sessions and the counselor or facilitator reasonably believes that the violence, intimidation, and
coercion has ceased and the victim feels safe to participate.
(k) Programs must have written policies requiring that the counselor or facilitator report
when the court-ordered offender or abusing party has completed the program to the court and
the offender's probation or corrections officer.
(l) Programs must have written policies to coordinate with the court, probation and
corrections officers, battered women's and domestic abuse programs, child protection services,
and other providers on promotion of victim safety and offender accountability.
    Subd. 3. Program accountability. The Minnesota Center for Crime Victim Services
will consult with domestic abuse counseling and educational programs, the court, probation
departments, and the interagency task force on the prevention of domestic and sexual abuse on
acceptable measures to ensure program accountability. By December 30, 2001, the center shall



                                                   19
                                                                            Minnesota Laws

make recommendations to the house and senate committees and divisions with jurisdiction over
criminal justice policy and funding on agreed upon accountability measures including outcome
studies.
History: 1Sp2001 c 8 art 10 s 6




                                              20
                                                                                  Minnesota Laws

609.2242 DOMESTIC ASSAULT.


  Subdivision 1. Misdemeanor. Whoever does any of the following against a family or
household member as defined in section 518B.01, subdivision 2, commits an assault and is
guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
  Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 within ten years of a previous
qualified domestic violence-related offense conviction or adjudication of delinquency against a
family or household member as defined in section 518B.01, subdivision 2, is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of
a fine of not more than $3,000, or both.
  Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation of this
section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall determine and
make written findings on the record as to whether:
(1) the assault was committed against a family or household member, as defined in section
518B.01, subdivision 2;
(2) the defendant owns or possesses a firearm; and
(3) the firearm was used in any way during the commission of the assault.
(b) If the court determines that the assault was of a family or household member, and that the
offender owns or possesses a firearm and used it in any way during the commission of the assault,
it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.
(c) When a person is convicted of assaulting a family or household member and is
determined by the court to have used a firearm in any way during commission of the assault,
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.
(d) Except as otherwise provided in paragraph (c), when a person is convicted of a violation
of this section or section 609.224 and the court determines that the victim was a family or
household member, 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.



                                                  21
                                                                                 Minnesota Laws

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1992, of domestic assault under this
section or assault in the fifth degree under section 609.224 and the assault victim was a family or
household member as defined in section 518B.01, subdivision 2, 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 or section 609.224. 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.
  Subd. 4. Felony. Whoever violates the provisions of this section or section 609.224,
subdivision 1 , within ten years of the first of any combination of two or more previous qualified
domestic violence-related offense convictions or adjudications of delinquency is guilty of a
felony and may be sentenced to imprisonment for not more than five years or payment of a fine
of not more than $10,000, or both.
History: 1995 c 259 art 3 s 15; 2000 c 437 s 8,9; 1Sp2001 c 8 art 10 s 10,11; 2005 c 136 art
17 s 12; 2006 c 260 art 1 s 18,19




                                                22
                                                                                 Minnesota Laws

609.2243 SENTENCING; REPEAT DOMESTIC ASSAULT.


  Subdivision 1. Gross misdemeanor. A person convicted of gross misdemeanor domestic
assault under section 609.2242, subdivision 2, shall be sentenced to a minimum of 20 days
imprisonment, at least 96 hours of which must be served consecutively. The court may stay
execution of the minimum sentence required under this subdivision on the condition that the
person sentenced complete anger therapy or counseling and fulfill any other condition, as ordered
by the court; provided, however, that the court shall revoke the stay of execution and direct the
person to be taken into immediate custody if it appears that the person failed to attend or
complete
the ordered therapy or counseling, or violated any other condition of the stay of execution. If the
court finds at the revocation hearing required under section 609.14, subdivision 2, that the person
failed to attend or complete the ordered therapy, or violated any other condition of the stay of
execution, the court shall order execution of the sentence previously imposed.
  Subd. 2. Felony. (a) Except as otherwise provided in paragraph (b), in determining an
appropriate disposition for felony domestic assault under section 609.2242, subdivision 4, the
court shall presume that a stay of execution with at least a 45-day period of incarceration as a
condition of probation shall be imposed. If the court imposes a stay of execution with a period of
incarceration as a condition of probation, at least 15 days must be served consecutively.
(b) If the defendant's criminal history score, determined according to the Sentencing
Guidelines, indicates a presumptive executed sentence, that sentence shall be imposed unless the
court departs from the Sentencing Guidelines pursuant to section 244.10. A stay of imposition
of sentence under this paragraph may be granted only if accompanied by a statement on the
record of the reasons for it.
History: 1996 c 408 art 3 s 23




                                                 23
                                                                               Minnesota Laws

609.2247 DOMESTIC ASSAULT BY STRANGULATION.


  Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given.
(b) "Family or household members" has the meaning given in section 518B.01, subdivision 2.
(c) "Strangulation" means intentionally impeding normal breathing or circulation of the blood
by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
  Subd. 2. Crime. Unless a greater penalty is provided elsewhere, whoever assaults a family or
household member by strangulation is guilty of a felony and may be sentenced to imprisonment
for not more than three years or to payment of a fine of not more than $5,000, or both.
History: 2005 c 136 art 17 s 13




                                                24
                                                                                   Minnesota Laws

609.749 HARASSMENT; STALKING; PENALTIES.

   Subdivision 1. Definition. As used in this section, "harass" means to engage in intentional
conduct which:
(1) the actor knows or has reason to know would cause the victim under the circumstances to
feel frightened, threatened, oppressed, persecuted, or intimidated; and
(2) causes this reaction on the part of the victim.
   Subd. 1a. No proof of specific intent required. In a prosecution under this section, the state
is not required to prove that the actor intended to cause the victim to feel frightened, threatened,
oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, paragraph
(a), clause (4), or paragraph (b), that the actor intended to cause any other result.
   Subd. 2. Harassment and stalking crimes. (a) A person who harasses another by
committing any of the following acts is guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to injure the person, property, or rights
of another by the commission of an unlawful act;
(2) stalks, follows, monitors, or pursues another, whether in person or through technological
or other means;
(3) returns to the property of another if the actor is without claim of right to the property
or consent of one with authority to consent;
(4) repeatedly makes telephone calls, or induces a victim to make telephone calls to the actor,
whether or not conversation ensues;
(5) makes or causes the telephone of another repeatedly or continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by any means, including electronically,
of letters, telegrams, messages, packages, or other objects; or
(7) knowingly makes false allegations against a peace officer concerning the officer's
performance of official duties with intent to influence or tamper with the officer's performance of
official duties.
(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at the
place where any call is either made or received or, additionally in the case of wireless or
electronic
communication, where the actor or victim resides. The conduct described in paragraph (a), clause
(2), may be prosecuted where the actor or victim resides. The conduct described in paragraph
(a), clause (6), may be prosecuted where any letter, telegram, message, package, or other object
is either sent or received or, additionally in the case of wireless or electronic communication,
where the actor or victim resides.
(c) A peace officer may not make a warrantless, custodial arrest of any person for a violation
of paragraph (a), clause (7).
   Subd. 3. Aggravated violations. (a) A person who commits any of the following acts 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:
(1) commits any offense described in subdivision 2 because of the victim's or another's
actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and possesses a dangerous weapon
at the time of the offense;
(4) harasses another, as defined in subdivision 1, with intent to influence or otherwise tamper
with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined
in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that
person's performance of official duties in connection with a judicial proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of 18, if


                                                  25
                                                                                 Minnesota Laws

the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under the
age of 18, if the actor is more than 36 months older than the victim, and the act is committed with
sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both.
   Subd. 4. Second or subsequent violations; felony. (a) A person is guilty of a felony
who violates any provision of subdivision 2 within ten years of a previous qualified domestic
violence-related offense conviction or adjudication of delinquency, 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.
(b) A person is guilty of a felony who violates any provision of subdivision 2 within ten
years of the first of two or more previous qualified domestic violence-related offense convictions
or adjudications of delinquency, and may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $20,000, or both.
   Subd. 5. Pattern of harassing conduct. (a) A person who engages in a pattern of harassing
conduct with respect to a single victim or one or more members of a single household which
the actor knows or has reason to know would cause the victim under the circumstances to feel
terrorized or to fear bodily harm and which does cause this reaction on the part of the victim,
is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both.
(b) For purposes of this subdivision, a "pattern of harassing conduct" means two or more
acts within a five-year period that violate or attempt to violate the provisions of any of the
following or a similar law of another state, the United States, the District of Columbia, tribal
lands, or United States territories:
(1) this section;
(2) section 609.713;
(3) section 609.224;
(4) section 609.2242;
(5) section 518B.01, subdivision 14;
(6) section 609.748, subdivision 6;
(7) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7);
(8) section 609.79;
(9) section 609.795;
(10) section 609.582;
(11) section 609.595;
(12) section 609.765; or
(13) sections 609.342 to 609.3451.
(c) When acts constituting a violation of this subdivision are committed in two or more
counties, the accused may be prosecuted in any county in which one of the acts was committed
for all acts constituting the pattern.
   Subd. 6. Mental health assessment and treatment. (a) When a person is convicted of a
felony offense under this section, or another felony offense arising out of a charge based on
this section, the court shall order an independent professional mental health assessment of the
offender's need for mental health treatment. The court may waive the assessment if an adequate
assessment was conducted prior to the conviction.
(b) Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, 260B.171, or 260C.171, the
assessor has access to the following private or confidential data on the person if access is relevant
and necessary for the assessment:
(1) medical data under section 13.384;
(2) welfare data under section 13.46;
(3) corrections and detention data under section 13.85;


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(4) health records under sections 144.291 to 144.298; and
(5) juvenile court records under sections 260B.171 and 260C.171.
Data disclosed under this section may be used only for purposes of the assessment and may not
be
further disclosed to any other person, except as authorized by law.
(c) If the assessment indicates that the offender is in need of and amenable to mental health
treatment, the court shall include in the sentence a requirement that the offender undergo
treatment.
(d) The court shall order the offender to pay the costs of assessment under this subdivision
unless the offender is indigent under section 563.01.
    Subd. 7. Exception. Conduct is not a crime under this section if it is performed under terms
of a valid license, to ensure compliance with a court order, or to carry out a specific lawful
commercial purpose or employment duty, is authorized or required by a valid contract, or is
authorized, required, or protected by state or federal law or the state or federal constitutions.
Subdivision 2, clause (2), does not impair the right of any individual or group to engage in speech
protected by the federal Constitution, the state Constitution, or federal or state law, including
peaceful and lawful handbilling and picketing.
    Subd. 8. Stalking; firearms. (a) When a person is convicted of a harassment or stalking
crime under this section and the court determines that the person used a firearm in any way
during
commission of the crime, 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.
(b) Except as otherwise provided in paragraph (a), when a person is convicted of a stalking
or harassment crime under this section, 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.
(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a pistol
if the person has been convicted after August 1, 1996, of a stalking or harassment crime under
this
section, 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.
(d) If the court determines that a person convicted of a stalking or harassment crime under
this section owns or possesses a firearm and used it in any way during the commission of the
crime, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision
3.
History: 1993 c 326 art 2 s 22; 1Sp1993 c 5 s 5; 1994 c 465 art 1 s 61; 1995 c 226 art 2 s
23; 1995 c 259 art 3 s 18,19; 1996 c 408 art 4 s 12; 1997 c 96 s 6-9; 1998 c 367 art 2 s 23,24;
1999 c 139 art 4 s 2; 1999 c 227 s 22; 2000 c 311 art 4 s 6; 2000 c 437 s 15,16; 1Sp2001 c 8 art
10 s 15,16; 2002 c 385 s 5-8; 2005 c 136 art 17 s 46; 2006 c 260 art 1 s 29; 2007 c 147 art 10 s
15


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611A.32 BATTERED WOMEN PROGRAMS.

   Subdivision 1. Grants awarded. The commissioner shall award grants to programs which
provide emergency shelter services to battered women and support services to battered women
and domestic abuse victims and their children. The commissioner shall also award grants for
training, technical assistance, and for the development and implementation of education programs
to increase public awareness of the causes of battering, the solutions to preventing and ending
domestic violence, and the problems faced by battered women and domestic abuse victims.
Grants
shall be awarded in a manner that ensures that they are equitably distributed to programs serving
metropolitan and nonmetropolitan populations. By July 1, 1995, community-based domestic
abuse
advocacy and support services programs must be established in every judicial assignment district.
   Subd. 1a. Program for American Indian women. The commissioner shall establish at least
one program under this section to provide emergency shelter services and support services to
battered American Indian women. The commissioner shall grant continuing operating expenses
to the program established under this subdivision in the same manner as operating expenses are
granted to programs established under subdivision 1.
   Subd. 2. Applications. Any public or private nonprofit agency may apply to the
commissioner for a grant to provide emergency shelter services to battered women, support
services to domestic abuse victims, or both, to battered women and their children. The application
shall be submitted in a form approved by the commissioner by rule adopted under chapter 14,
after consultation with the advisory council, and shall include:
(1) a proposal for the provision of emergency shelter services for battered women, support
services for domestic abuse victims, or both, for battered women and their children;
(2) a proposed budget;
(3) evidence of an ability to integrate into the proposed program the uniform method of data
collection and program evaluation established under sections 611A.33 and 611A.34;
(4) evidence of an ability to represent the interests of battered women and domestic abuse
victims and their children to local law enforcement agencies and courts, county welfare agencies,
and local boards or departments of health;
(5) evidence of an ability to do outreach to unserved and underserved populations and to
provide culturally and linguistically appropriate services; and
(6) any other content the commissioner may require by rule adopted under chapter 14, after
considering the recommendations of the advisory council.
Programs which have been approved for grants in prior years may submit materials which
indicate changes in items listed in clauses (1) to (6), in order to qualify for renewal funding.
Nothing in this subdivision may be construed to require programs to submit complete
applications
for each year of renewal funding.
   Subd. 3. Duties of grantees. Every public or private nonprofit agency which receives a
grant to provide emergency shelter services to battered women and support services to battered
women and domestic abuse victims shall comply with all rules of the commissioner related
to the administration of the pilot programs.
   Subd. 4.[Repealed, 1991 c 272 s 20]
   Subd. 5. Classification of data collected by grantees. Personal history information and
other information collected, used or maintained by a grantee from which the identity or location
of any victim of domestic abuse may be determined is private data on individuals, as defined
in section 13.02, subdivision 12, and the grantee shall maintain the data in accordance with
the provisions of chapter 13.
History: 1977 c 428 s 2; 1978 c 732 s 1-3; 1981 c 311 s 39; 1Sp1981 c 4 art 1 s 14; 1982 c


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545 s 24; 1983 c 262 art 1 s 6; 1988 c 689 art 2 s 237; 1991 c 272 s 9,10; 1992 c 571 art 6 s
21; 2000 c 445 art 2 s 10-13




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518.131 TEMPORARY ORDERS AND RESTRAINING ORDERS.


  Subdivision 1. Permissible orders. In a proceeding brought for custody, dissolution, or legal
separation, or for disposition of property, maintenance, or child support following the dissolution
of a marriage, either party may, by motion, request from the court and the court may grant a
temporary order pending the final disposition of the proceeding to or for:
(a) Temporary custody and parenting time regarding the minor children of the parties;
(b) Temporary maintenance of either spouse;
(c) Temporary child support for the children of the parties;
(d) Temporary costs and reasonable attorney fees;
(e) Award the temporary use and possession, exclusive or otherwise, of the family home,
furniture, household goods, automobiles, and other property of the parties;
(f) 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;
(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting, disturbing
the peace, or restraining the liberty of the other party or the children of the parties;
(h) Restrain one or both parties from removing any minor child of the parties from the
jurisdiction of the court;
(i) Exclude a party from the family home of the parties or from the home of the other
party; and
(j) Require one or both of the parties to perform or to not perform such additional acts as
will facilitate the just and speedy disposition of the proceeding, or will protect the parties or
their children from physical or emotional harm.
  Subd. 2. Impermissible orders. No temporary order shall:
(a) Deny parenting time to a parent unless the court finds that the parenting time is likely to
cause physical or emotional harm to the child;
(b) Exclude a party from the family home of the parties unless the court finds that physical or
emotional harm to one of the parties or to the children of the parties is likely to result, or that the
exclusion is reasonable in the circumstances; or
(c) Vacate or modify an order granted under section 518B.01, subdivision 6, paragraph (a),
clause (1), restraining an abusing party from committing acts of domestic abuse, 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.
  Subd. 3. Ex parte restraining order; limitations. A party may request and the court



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may make an ex parte restraining order which may include any matter that may be included in
a temporary order except:
(a) A restraining order may not exclude either party from the family home of the parties
except upon a finding by the court of immediate danger of physical harm to the other party
or the children of either party; and
(b) A restraining order may not deny parenting time to either party or grant custody of the
minor children to either party except upon a finding by the court of immediate danger of physical
harm to the minor children of the parties.
  Subd. 4. Hearing on restraining order; duration. Restraining orders shall be personally
served upon the party to be restrained and shall be accompanied with a notice of the time and
place of hearing for disposition of the matters contained in the restraining order at a hearing for
a temporary order. When a restraining order has been issued, a hearing on the temporary order
shall be held at the earliest practicable date. The restrained party may upon written notice to the
other party advance the hearing date to a time earlier than that noticed by the other party. The
restraining order shall continue in full force and effect only until the hearing time noticed, unless
the court, for good cause and upon notice extends the time for hearing.
  Subd. 5. Duration of temporary order. A temporary order shall continue in full force and
effect until the earlier of its amendment or vacation, dismissal of the main action or entry of a
final decree of dissolution or legal separation.
  Subd. 6. Effect of dismissal of main action. If a proceeding for dissolution or legal
separation is dismissed, a temporary custody order is vacated unless one of the parties or the
child's custodian moves that the proceeding continue as a custody proceeding and the court finds,
after a hearing, that the circumstances of the parties and the best interests of the child require that
a custody order be issued.
  Subd. 7. Guiding factors. The court shall be guided by the factors set forth in chapter 518A
(concerning child support), and sections 518.552 (concerning maintenance), 518.17 to 518.175
(concerning custody and parenting time), and 518.14 (concerning costs and attorney fees) in
making temporary orders and restraining orders.
  Subd. 8. Basis for order. Temporary orders shall be made solely on the basis of affidavits
and argument of counsel except upon demand by either party in a motion or responsive motion
made within the time limit for making and filing a responsive motion that the matter be heard on
oral testimony before the court, or if the court in its discretion orders the taking of oral testimony.
  Subd. 9. Prejudicial effect; revocation; modification. A temporary order or restraining
order:
(a) Shall not prejudice the rights of the parties or the child which are to be adjudicated at
subsequent hearings in the proceeding; and
(b) May be revoked or modified by the court before the final disposition of the proceeding
upon the same grounds and subject to the same requirements as the initial granting of the order.



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  Subd. 10. Misdemeanor. In addition to being punishable by contempt, a violation of a
provision of a temporary order or restraining order granting the relief authorized in subdivision 1,
clause (g), (h), or (i), is a misdemeanor.
  Subd. 11. Temporary support and maintenance. Temporary support and maintenance may
be ordered during the time a parenting plan is being developed under section 518.1705.
History: 1979 c 259 s 11; 1986 c 444; 1987 c 237 s 1; 1987 c 403 art 3 s 76; 1990 c 574 s 8,9;
2000 c 444 art 1 s 2; art 2 s 16-19; 2001 c 7 s 85; 2001 c 51 s 1; 2005 c 164 s 29; 1Sp2005 c 7 s
28




                                                32
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518.157 PARENT EDUCATION PROGRAM IN PROCEEDINGS INVOLVING
CHILDREN.


  Subdivision 1. Implementation; administration. By January 1, 1998, the chief judge
of each judicial district or a designee shall implement one or more parent education programs
within the judicial district for the purpose of educating parents about the impact that divorce, the
restructuring of families, and judicial proceedings have upon children and families; methods for
preventing parenting time conflicts; and dispute resolution options. The chief judge of each
judicial district or a designee may require that children attend a separate education program
designed to deal with the impact of divorce upon children as part of the parent education
program.
Each parent education program must enable persons to have timely and reasonable access
to education sessions.
  Subd. 2. Minimum standards; plan. The Minnesota Supreme Court should promulgate
minimum standards for the implementation and administration of a parent education program.
  Subd. 3. Attendance. In a proceeding under this chapter where custody or parenting time is
contested, the parents of a minor child shall attend a minimum of eight hours in an orientation and
education program that meets the minimum standards promulgated by the Minnesota Supreme
Court. In all other proceedings involving custody, support, or parenting time the court may order
the parents of a minor child to attend a parent education program. The program shall provide the
court with names of persons who fail to attend the parent education program as ordered by the
court. Persons who are separated or contemplating involvement in a dissolution, paternity,
custody,
or parenting time proceeding may attend a parent education program without a court order.
Unless
otherwise ordered by the court, participation in a parent education program must begin within
30 days after the first filing with the court or as soon as practicable after that time based on the
reasonable availability of classes for the program for the parent. Parent education programs must
offer an opportunity to participate at all phases of a pending or postdecree proceeding. Upon
request of a party and a showing of good cause, the court may excuse the party from attending the
program. If past or present domestic abuse, as defined in chapter 518B, is alleged, the court shall
not require the parties to attend the same parent education sessions and shall enter an order setting
forth the manner in which the parties may safely participate in the program.
  Subd. 4. Sanctions. The court may impose sanctions upon a parent for failure to attend or
complete a parent education program as ordered.
  Subd. 5. Confidentiality. Unless all parties agree in writing, statements made by a party
during participation in a parent education program are inadmissible as evidence for any purpose,
including impeachment. No record may be made regarding a party's participation in a parent



                                                  33
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education program, except a record of attendance at and completion of the program as required
under this section. Instructors shall not disclose information regarding an individual participant
obtained as a result of participation in a parent education program. Parent education instructors
may not be subpoenaed or called as witnesses in court proceedings.
  Subd. 6. Fee. Except as provided in this subdivision, each person who attends a parent
education program shall pay a fee to defray the cost of the program. A party who qualifies for
waiver of filing fees under section 563.01 is exempt from paying the parent education program
fee
and the court shall waive the fee or direct its payment under section 563.01. Program providers
shall implement a sliding fee scale.
History: 1995 c 127 s 1; 1997 c 245 art 2 s 1; 2000 c 444 art 2 s 22,23; 2004 c 273 s
11; 2006 c 260 art 5 s 47




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518.17 CUSTODY AND SUPPORT OF CHILDREN ON JUDGMENT.

   Subdivision 1. The best interests of the child. (a) "The best interests of the child" means all
relevant factors to be considered and evaluated by the court including:
(1) the wishes of the child's parent or parents as to custody;
(2) the reasonable preference of the child, if the court deems the child to be of sufficient
age to express preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each parent and the child;
(5) the interaction and interrelationship of the child with a parent or parents, siblings, and
any other person who may significantly affect the child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial home;
(9) the mental and physical health of all individuals involved; except that a disability, as
defined in section 363A.03, of a proposed custodian or the child shall not be determinative of
the custody of the child, unless the proposed custodial arrangement is not in the best interest of
the child;
(10) the capacity and disposition of the parties to give the child love, affection, and guidance,
and to continue educating and raising the child in the child's culture and religion or creed, if any;
(11) the child's cultural background;
(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as
defined in section 518B.01, that has occurred between the parents or between a parent and
another
individual, whether or not the individual alleged to have committed domestic abuse is or ever was
a family or household member of the parent; and
(13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has
been made, the disposition of each parent to encourage and permit frequent and continuing
contact by the other parent with the child.
The court may not use one factor to the exclusion of all others. The primary caretaker factor
may not be used as a presumption in determining the best interests of the child. The court must
make detailed findings on each of the factors and explain how the factors led to its conclusions
and to the determination of the best interests of the child.
(b) The court shall not consider conduct of a proposed custodian that does not affect the
custodian's relationship to the child.
   Subd. 1a. Evidence of false allegations of child abuse. The court shall consider evidence of
a violation of section 609.507 in determining the best interests of the child.
   Subd. 2. Factors when joint custody is sought. In addition to the factors listed in
subdivision 1, where either joint legal or joint physical custody is contemplated or sought, the
court shall consider the following relevant factors:
(a) the ability of parents to cooperate in the rearing of their children;
(b) methods for resolving disputes regarding any major decision concerning the life of the
child, and the parents' willingness to use those methods;
(c) whether it would be detrimental to the child if one parent were to have sole authority over
the child's upbringing; and
(d) whether domestic abuse, as defined in section 518B.01, has occurred between the parents.
The court shall use a rebuttable presumption that upon request of either or both parties,
joint legal custody is in the best interests of the child. However, the court shall use a rebuttable
presumption that joint legal or physical custody is not in the best interests of the child if domestic
abuse, as defined in section 518B.01, has occurred between the parents.


                                                 35
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If the court awards joint legal or physical custody over the objection of a party, the court
shall make detailed findings on each of the factors in this subdivision and explain how the factors
led to its determination that joint custody would be in the best interests of the child.
   Subd. 3. Custody order. (a) Upon adjudging the nullity of a marriage, or in a dissolution
or separation proceeding, or in a child custody proceeding, the court shall make such further
order as it deems just and proper concerning:
(1) the legal custody of the minor children of the parties which shall be sole or joint;
(2) their physical custody and residence; and
(3) their support. In determining custody, the court shall consider the best interests of each
child and shall not prefer one parent over the other solely on the basis of the sex of the parent.
(b) The court shall grant the following rights to each of the parties, unless specific findings
are made under section 518.68, subdivision 1. Each party has the right of access to, and to receive
copies of, school, medical, dental, religious training, and other important records and information
about the minor children. Each party has the right of access to information regarding health or
dental insurance available to the minor children. Each party shall keep the other party informed as
to the name and address of the school of attendance of the minor children. Each party has the
right to be informed by school officials about the children's welfare, educational progress and
status, and to attend school and parent-teacher conferences. The school is not required to hold
a separate conference for each party. In case of an accident or serious illness of a minor child,
each party shall notify the other party of the accident or illness, and the name of the health care
provider and the place of treatment. Each party has the right to reasonable access and telephone
contact with the minor children. The court may waive any of the rights under this section if it
finds it is necessary to protect the welfare of a party or child.
   Subd. 4.[Repealed, 1986 c 406 s 9]
   Subd. 5.[Repealed, 1986 c 406 s 9]
   Subd. 6. Departure from guidelines based on joint custody. An award of joint legal
custody is not a reason for departure from the guidelines in section 518A.35.
History: (8596) RL s 3585; 1969 c 1030 s 1; 1971 c 173 s 1; 1974 c 107 s 14; 1974 c 330 s
2; 1978 c 772 s 39; 1979 c 259 s 17; 1981 c 349 s 5; 1983 c 308 s 15; 1984 c 547 s 16; 1984 c
655 art 1 s 73; 1986 c 406 s 1,2; 1986 c 444; 1987 c 106 s 1; 1988 c 662 s 1; 1988 c 668 s 12;
1989 c 248 s 2,3; 1990 c 574 s 13,14; 1991 c 271 s 4; 1992 c 557 s 8; 1993 c 322 s 7; 1994 c 630
art 12 s 4; 1997 c 203 art 9 s 16; 2005 c 164 s 29; 1Sp2005 c 7 s 28




                                                36
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518.1705 PARENTING PLANS.

   Subdivision 1. Definition. "Domestic abuse" for the purposes of this section has the meaning
given in section 518B.01, subdivision 2.
   Subd. 2. Plan elements. (a) A parenting plan must include the following:
(1) a schedule of the time each parent spends with the child;
(2) a designation of decision-making responsibilities regarding the child; and
(3) a method of dispute resolution.
(b) A parenting plan may include other issues and matters the parents agree to regarding
the child.
(c) Parents voluntarily agreeing to parenting plans may substitute other terms for physical
and legal custody, including designations of joint or sole custody, provided that the terms used in
the substitution are defined in the parenting plan.
   Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a) Upon the
request of both parents, a parenting plan must be created in lieu of an order for child custody
and parenting time unless the court makes detailed findings that the proposed plan is not in the
best interests of the child.
(b) If both parents do not agree to a parenting plan, the court may create one on its own
motion, except that the court must not do so if it finds that a parent has committed domestic
abuse against a parent or child who is a party to, or subject of, the matter before the court. If the
court creates a parenting plan on its own motion, it must not use alternative terminology unless
the terminology is agreed to by the parties.
(c) If an existing order does not contain a parenting plan, the parents must not be required to
create a parenting plan as part of a modification order under section 518A.39.
(d) A parenting plan must not be required during an action under section 256.87.
(e) If the parents do not agree to a parenting plan and the court does not create one on its own
motion, orders for custody and parenting time must be entered under sections 518.17 and 518.175
or section 257.541, as applicable.
   Subd. 4. Custody designation. A final judgment and decree that includes a parenting plan
using alternate terms to designate decision-making responsibilities or allocation of residential
time between the parents must designate whether the parents have joint legal custody or joint
physical custody or which parent has sole legal custody or sole physical custody, or both. This
designation is solely for enforcement of the final judgment and decree where this designation is
required for that enforcement and has no effect under the laws of this state, any other state, or
another country that do not require this designation.
   Subd. 5. Role of court. If both parents agree to the use of a parenting plan but are unable
to agree on all terms, the court may create a parenting plan under this section. If the court is
considering a parenting plan, it may require each parent to submit a proposed parenting plan at
any time before entry of the final judgment and decree. If parents seek the court's assistance in
deciding the schedule for each parent's time with the child or designation of decision-making
responsibilities regarding the child, the court may order an evaluation and should consider the
appointment of a guardian ad litem. Parenting plans, whether entered on the court's own motion,
following a contested hearing, or reviewed by the court pursuant to a stipulation, must be based
on the best interests factors in section 518.17 or 257.025, as applicable.
   Subd. 6. Restrictions on preparation of parenting plan. (a) Dispute resolution processes
other than the judicial process may not be required in the preparation of a parenting plan if a
parent is alleged to have committed domestic abuse toward a parent or child who is a party to, or
subject of, the matter before the court. In these cases, the court shall consider the appointment of
a
guardian ad litem and a parenting plan evaluator.
(b) The court may not require a parenting plan that provides for joint legal custody or use of


                                                 37
                                                                                  Minnesota Laws

dispute resolution processes, other than the judicial process, if the court finds that section 518.179
applies or the court finds that either parent has engaged in the following toward a parent or child
who is a party to, or subject of, the matter before the court:
(1) acts of domestic abuse, including physical harm, bodily injury, and infliction of fear of
physical harm, assault, terroristic threats, or criminal sexual conduct;
(2) physical, sexual, or a pattern of emotional abuse of a child; or
(3) willful abandonment that continues for an extended period of time or substantial refusal
to perform parenting functions.
   Subd. 7. Moving the child to another state. Parents may agree upon the legal standard that
will govern a decision concerning removal of a child's residence from this state, provided that:
   (1) both parents were represented by counsel when the parenting plan was approved; or
   (2) the court found the parents were fully informed, the agreement was voluntary, and the
parents were aware of its implications.
   Subd. 8. Allocation of certain expenses. (a) Parents creating a parenting plan are subject to
the requirements of the child support guidelines under chapter 518A.
(b) Parents may include in the parenting plan an allocation of expenses for the child. The
allocation is an enforceable contract between the parents.
   Subd. 9. Modification of parenting plans. (a) Parents may modify the schedule of the
time each parent spends with the child or the decision-making provisions of a parenting plan by
agreement. To be enforceable, modifications must be confirmed by court order. A motion to
modify decision-making provisions or the time each parent spends with the child may be made
only within the time limits provided by section 518.18.
(b) The parties may agree, but the court must not require them, to apply the best interests
standard in section 518.17 or 257.025, as applicable, for deciding a motion for modification that
would change the child's primary residence, provided that:
(1) both parties were represented by counsel when the parenting plan was approved; or
(2) the court found the parties were fully informed, the agreement was voluntary, and the
parties were aware of its implications.
(c) If the parties do not agree to apply the best interests standard, section 518.18, paragraph
(d) , applies.
History: 2000 c 444 art 1 s 3; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2006 c 280 s 10




                                                 38
                                                                                   Minnesota Laws

518.175 PARENTING TIME.

   Subdivision 1. General. (a) In all proceedings for dissolution or legal separation, subsequent
to the commencement of the proceeding and continuing thereafter during the minority of the
child, the court shall, upon the request of either parent, grant such parenting time on behalf of the
child and a parent as will enable the child and the parent to maintain a child to parent relationship
that will be in the best interests of the child.
If the court finds, after a hearing, that parenting time with a parent is likely to endanger the
child's physical or emotional health or impair the child's emotional development, the court shall
restrict parenting time with that parent as to time, place, duration, or supervision and may deny
parenting time entirely, as the circumstances warrant. The court shall consider the age of the child
and the child's relationship with the parent prior to the commencement of the proceeding.
A parent's failure to pay support because of the parent's inability to do so shall not be
sufficient cause for denial of parenting time.
(b) The court may provide that a law enforcement officer or other appropriate person will
accompany a party seeking to enforce or comply with parenting time.
(c) Upon request of either party, to the extent practicable an order for parenting time must
include a specific schedule for parenting time, including the frequency and duration of visitation
and visitation during holidays and vacations, unless parenting time is restricted, denied, or
reserved.
(d) The court administrator shall provide a form for a pro se motion regarding parenting time
disputes, which includes provisions for indicating the relief requested, an affidavit in which the
party may state the facts of the dispute, and a brief description of the parenting time expeditor
process under section 518.1751. The form may not include a request for a change of custody. The
court shall provide instructions on serving and filing the motion.
(e) In the absence of other evidence, there is a rebuttable presumption that a parent is entitled
to receive at least 25 percent of the parenting time for the child. For purposes of this paragraph,
the percentage of parenting time may be determined by calculating the number of overnights
that a child spends with a parent or by using a method other than overnights if the parent has
significant time periods on separate days when the child is in the parent's physical custody but
does not stay overnight. The court may consider the age of the child in determining whether a
child is with a parent for a significant period of time.
   Subd. 1a. Domestic abuse; supervised parenting time. (a) If a parent requests supervised
parenting time under subdivision 1 or 5 and an order for protection under chapter 518B or a
similar law of another state is in effect against the other parent to protect the parent with whom
the child resides or the child, the judge or judicial officer must consider the order for protection in
making a decision regarding parenting time.
(b) The state court administrator, in consultation with representatives of parents and
other interested persons, shall develop standards to be met by persons who are responsible for
supervising parenting time. Either parent may challenge the appropriateness of an individual
chosen by the court to supervise parenting time.
   Subd. 2. Rights of children and parents. Upon the request of either parent, the court may
inform any child of the parties, if eight years of age or older, or otherwise of an age of suitable
comprehension, of the rights of the child and each parent under the order or decree or any
substantial amendment thereof. The parent with whom the child resides shall present the child for
parenting time with the other parent, at such times as the court directs.
   Subd. 3. Move to another state. (a) The parent with whom the child resides shall not move
the residence of the child to another state except upon order of the court or with the consent of the
other parent, if the other parent has been given parenting time by the decree. If the purpose of the
move is to interfere with parenting time given to the other parent by the decree, the court shall
not permit the child's residence to be moved to another state.


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   (b) The court shall apply a best interests standard when considering the request of the parent
with whom the child resides to move the child's residence to another state. The factors the court
must consider in determining the child's best interests include, but are not limited to:
   (1) the nature, quality, extent of involvement, and duration of the child's relationship with the
person proposing to relocate and with the nonrelocating person, siblings, and other significant
persons in the child's life;
   (2) the age, developmental stage, needs of the child, and the likely impact the relocation will
have on the child's physical, educational, and emotional development, taking into consideration
special needs of the child;
   (3) the feasibility of preserving the relationship between the nonrelocating person and the
child through suitable parenting time arrangements, considering the logistics and financial
circumstances of the parties;
   (4) the child's preference, taking into consideration the age and maturity of the child;
   (5) whether there is an established pattern of conduct of the person seeking the relocation
either to promote or thwart the relationship of the child and the nonrelocating person;
   (6) whether the relocation of the child will enhance the general quality of the life for both the
custodial parent seeking the relocation and the child including, but not limited to, financial or
emotional benefit or educational opportunity;
   (7) the reasons of each person for seeking or opposing the relocation; and
   (8) the effect on the safety and welfare of the child, or of the parent requesting to move the
child's residence, of domestic abuse, as defined in section 518B.01.
   (c) The burden of proof is upon the parent requesting to move the residence of the child to
another state, except that if the court finds that the person requesting permission to move has been
a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing
the move. The court must consider all of the factors in this subdivision in determining the best
interests of the child.
   Subd. 4.[Repealed, 1996 c 391 art 1 s 6]
   Subd. 5. Modification of parenting plan or order for parenting time. If modification
would serve the best interests of the child, the court shall modify the decision-making provisions
of a parenting plan or an order granting or denying parenting time, if the modification would
not change the child's primary residence. Except as provided in section 631.52, the court may
not restrict parenting time unless it finds that:
(1) parenting time is likely to endanger the child's physical or emotional health or impair the
child's emotional development; or
(2) the parent has chronically and unreasonably failed to comply with court-ordered
parenting time.
If a parent makes specific allegations that parenting time by the other parent places the parent
or child in danger of harm, the court shall hold a hearing at the earliest possible time to determine
the need to modify the order granting parenting time. Consistent with subdivision 1a, the court
may require a third party, including the local social services agency, to supervise the parenting
time or may restrict a parent's parenting time if necessary to protect the other parent or child from
harm. If there is an existing order for protection governing the parties, the court shall consider the
use of an independent, neutral exchange location for parenting time.
   Subd. 6. Remedies. (a) The court may provide for one or more of the following remedies for
denial of or interference with court-ordered parenting time as provided under this subdivision. All
parenting time orders must include notice of the provisions of this subdivision.
(b) If the court finds that a person has been deprived of court-ordered parenting time, the
court shall order the parent who has interfered to allow compensatory parenting time to the other
parent or the court shall make specific findings as to why a request for compensatory parenting
time is denied. If compensatory parenting time is awarded, additional parenting time must be:
(1) at least of the same type and duration as the deprived parenting time and, at the discretion


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                                                                               Minnesota Laws

of the court, may be in excess of or of a different type than the deprived parenting time;
(2) taken within one year after the deprived parenting time; and
(3) at a time acceptable to the parent deprived of parenting time.
(c) If the court finds that a party has wrongfully failed to comply with a parenting time order
or a binding agreement or decision under section 518.1751, the court may:
(1) impose a civil penalty of up to $500 on the party;
(2) require the party to post a bond with the court for a specified period of time to secure the
party's compliance;
(3) award reasonable attorney's fees and costs;
(4) require the party who violated the parenting time order or binding agreement or decision
of the parenting time expeditor to reimburse the other party for costs incurred as a result of the
violation of the order or agreement or decision; or
(5) award any other remedy that the court finds to be in the best interests of the children
involved.
A civil penalty imposed under this paragraph must be deposited in the county general fund
and must be used to fund the costs of a parenting time expeditor program in a county with this
program. In other counties, the civil penalty must be deposited in the state general fund.
(d) If the court finds that a party has been denied parenting time and has incurred expenses in
connection with the denied parenting time, the court may require the party who denied parenting
time to post a bond in favor of the other party in the amount of prepaid expenses associated with
upcoming planned parenting time.
(e) Proof of an unwarranted denial of or interference with duly established parenting time
may constitute contempt of court and may be sufficient cause for reversal of custody.
   Subd. 7.[Renumbered 518.1752]
   Subd. 8. Additional parenting time for child care parent. The court may allow additional
parenting time to a parent to provide child care while the other parent is working if this
arrangement is reasonable and in the best interests of the child, as defined in section 518.17,
subdivision 1 . In addition, the court shall consider:
(1) the ability of the parents to cooperate;
(2) methods for resolving disputes regarding the care of the child, and the parents' willingness
to use those methods; and
(3) whether domestic abuse, as defined in section 518B.01, has occurred between the parties.
History: 1971 c 172 s 1; 1974 c 107 s 15; 1978 c 772 s 40-42; 1979 c 259 s 18,19; 1982 c 537
s 1; 1986 c 406 s 3; 1986 c 444; 1988 c 668 s 14; 1989 c 248 s 4,5; 1990 c 574 s 15; 1993 c 62 s
2;
1993 c 322 s 9; 1994 c 631 s 31; 1995 c 257 art 1 s 20; 1996 c 391 art 1 s 1,2; 1997 c 239 art 7 s
8,9; 1997 c 245 art 2 s 2; 2000 c 444 art 1 s 4; art 2 s 26-31; 2001 c 51 s 8,17; 2006 c 280 s 11-
13




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Description: Civil Harrasment Restraining Order document sample