Bill Text: MN HF1190 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minors age 16 or older allowed to file petitions for orders for protection on their own behalf.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced - Dead) 2011-03-17 - Introduction and first reading, referred to Judiciary Policy and Finance [HF1190 Detail]
Download: Minnesota-2011-HF1190-Introduced.html
1.2relating to public safety; allowing minors age 16 or older to file petitions for
1.3orders for protection on their own behalf;amending Minnesota Statutes 2010,
1.4section 518B.01, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 518B.01, subdivision 4, is amended to read:
1.7 Subd. 4. Order for protection. There shall exist an action known as a petition for
1.8an order for protection in cases of domestic abuse.
1.9(a) A petition for relief under this section may be made by any family or household
1.10member personally or by a family or household member, a guardian as defined in section
1.11524.1-201
, clause (20), or, if the court finds that it is in the best interests of the minor, by a
1.12reputable adult age 25 or older on behalf of minor family or household members. A
1.13minor age 16 or older may make a petition on the minor's own behalfagainst a spouse
1.14or former spouse, or a person with whom the minor has a child in common, if the court
1.15determines that the minor has sufficient maturity and judgment and that it is in the best
1.16interests of the minor.
1.17(b) A petition for relief shall allege the existence of domestic abuse, and shall be
1.18accompanied by an affidavit made under oath stating the specific facts and circumstances
1.19from which relief is sought.
1.20(c) A petition for relief must state whether the petitioner has ever had an order for
1.21protection in effect against the respondent.
1.22(d) A petition for relief must state whether there is an existing order for protection
1.23in effect under this chapter governing both the parties and whether there is a pending
1.24lawsuit, complaint, petition or other action between the parties under chapter 257, 518,
2.1518A, 518B, or 518C. The court administrator shall verify the terms of any existing order
2.2governing the parties. The court may not delay granting relief because of the existence
2.3of a pending action between the parties or the necessity of verifying the terms of an
2.4existing order. A subsequent order in a separate action under this chapter may modify
2.5only the provision of an existing order that grants relief authorized under subdivision 6,
2.6paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there
2.7is a pending action between the parties.
2.8(e) The court shall provide simplified forms and clerical assistance to help with the
2.9writing and filing of a petition under this section.
2.10(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion
2.11and affidavit and to sue in forma pauperis pursuant to section563.01 and shall assist with
2.12the writing and filing of the motion and affidavit.
2.13(g) The court shall advise a petitioner under paragraph (e) of the right to serve the
2.14respondent by published notice under subdivision 5, paragraph (b), if the respondent is
2.15avoiding personal service by concealment or otherwise, and shall assist with the writing
2.16and filing of the affidavit.
2.17(h) The court shall advise the petitioner of the right to seek restitution under the
2.18petition for relief.
2.19(i) The court shall advise the petitioner of the right to request a hearing under
2.20subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
2.21advise the petitioner that the respondent may request a hearing and that notice of the
2.22hearing date and time will be provided to the petitioner by mail at least five days before
2.23the hearing.
2.24(j) The court shall advise the petitioner of the right to request supervised parenting
2.25time, as provided in section518.175, subdivision 1a .
2.26EFFECTIVE DATE.This section is effective July 1, 2011.
1.3orders for protection on their own behalf;amending Minnesota Statutes 2010,
1.4section 518B.01, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 518B.01, subdivision 4, is amended to read:
1.7 Subd. 4. Order for protection. There shall exist an action known as a petition for
1.8an order for protection in cases of domestic abuse.
1.9(a) A petition for relief under this section may be made by any family or household
1.10member personally or by a family or household member, a guardian as defined in section
1.12reputable adult age 25 or older on behalf of minor family or household members. A
1.13minor age 16 or older may make a petition on the minor's own behalf
1.14
1.15
1.16
1.17(b) A petition for relief shall allege the existence of domestic abuse, and shall be
1.18accompanied by an affidavit made under oath stating the specific facts and circumstances
1.19from which relief is sought.
1.20(c) A petition for relief must state whether the petitioner has ever had an order for
1.21protection in effect against the respondent.
1.22(d) A petition for relief must state whether there is an existing order for protection
1.23in effect under this chapter governing both the parties and whether there is a pending
1.24lawsuit, complaint, petition or other action between the parties under chapter 257, 518,
2.1518A, 518B, or 518C. The court administrator shall verify the terms of any existing order
2.2governing the parties. The court may not delay granting relief because of the existence
2.3of a pending action between the parties or the necessity of verifying the terms of an
2.4existing order. A subsequent order in a separate action under this chapter may modify
2.5only the provision of an existing order that grants relief authorized under subdivision 6,
2.6paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there
2.7is a pending action between the parties.
2.8(e) The court shall provide simplified forms and clerical assistance to help with the
2.9writing and filing of a petition under this section.
2.10(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion
2.11and affidavit and to sue in forma pauperis pursuant to section
2.12the writing and filing of the motion and affidavit.
2.13(g) The court shall advise a petitioner under paragraph (e) of the right to serve the
2.14respondent by published notice under subdivision 5, paragraph (b), if the respondent is
2.15avoiding personal service by concealment or otherwise, and shall assist with the writing
2.16and filing of the affidavit.
2.17(h) The court shall advise the petitioner of the right to seek restitution under the
2.18petition for relief.
2.19(i) The court shall advise the petitioner of the right to request a hearing under
2.20subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
2.21advise the petitioner that the respondent may request a hearing and that notice of the
2.22hearing date and time will be provided to the petitioner by mail at least five days before
2.23the hearing.
2.24(j) The court shall advise the petitioner of the right to request supervised parenting
2.25time, as provided in section
2.26EFFECTIVE DATE.This section is effective July 1, 2011.
