Bill Text: MN HF469 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: Harassment restraining order petitions jurisdiction provided.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2012-04-24 - Secretary of State Chapter 223 04/23/12 [HF469 Detail]

Download: Minnesota-2011-HF469-Chaptered.html

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CHAPTER 223--H.F.No. 469

An act

relating to public safety; providing for jurisdiction for petitions for
harassment restraining orders;amending Minnesota Statutes 2010, section
609.748, subdivisions 2, 3a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 609.748, subdivision 2, is amended to read:
    Subd. 2. Restraining order; court jurisdiction. A person who is a victim of
harassment may seek a restraining order from the district court in the manner provided in
this section. The parent, guardian, or stepparent of a minor who is a victim of harassment
may seek a restraining order from the district court on behalf of the minor. An application
for relief under this section may be filed in the county of residence of either party or in the
county in which the alleged harassment occurred. There are no residency requirements
that apply to a petition for a harassment restraining order.

    Sec. 2. Minnesota Statutes 2010, section 609.748, subdivision 3a, is amended to read:
    Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under
this section are waived for the petitioner if the petition alleges acts that would constitute a
violation of section 609.749, subdivision subdivision 2 or, 3, 4, or 5, or sections 609.342
to 609.3451. The court administrator and the sheriff of any county in this state 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 is unavailable or if service is made by publication.
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.