Bill Text: MN SF574 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Harassment restraining orders jurisdiction
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-20 - HF substituted in committee HF469 [SF574 Detail]
Download: Minnesota-2011-SF574-Introduced.html
1.2relating to public safety; providing for jurisdiction for petitions for harassment
1.3restraining orders;amending Minnesota Statutes 2010, section 609.748,
1.4subdivisions 2, 3a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.748, subdivision 2, is amended to read:
1.7 Subd. 2. Restraining order; court jurisdiction.A person who is a victim of
1.8harassment may seek a restraining order from the district court in the manner provided in
1.9this section. (a) An application for relief under this section may be filed in the county of
1.10residence of either party or in the county in which the alleged harassment occurred. There
1.11are no residency requirements that apply to a petition for a harassment restraining order.
1.12(b) The parent, guardian, or stepparent of a minor who is a victim of harassment may
1.13seek a restraining order from the district court on behalf of the minor.
1.14 Sec. 2. Minnesota Statutes 2010, section 609.748, subdivision 3a, is amended to read:
1.15 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under
1.16this section are waived for the petitioner if the petition alleges acts that would constitute a
1.17violation of section609.749, subdivision subdivision 2 or, 3, 4, or 5, or sections
609.342
1.18to609.3451 . The court administrator and the sheriff of any county in this state shall
1.19perform their duties relating to service of process without charge to the petitioner. The
1.20court shall direct payment of the reasonable costs of service of process if served by a
1.21private process server when the sheriff is unavailable or if service is made by publication.
1.22The court may direct a respondent to pay to the court administrator the petitioner's filing
2.1fees and reasonable costs of service of process if the court determines that the respondent
2.2has the ability to pay the petitioner's fees and costs.
1.3restraining orders;amending Minnesota Statutes 2010, section 609.748,
1.4subdivisions 2, 3a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.748, subdivision 2, is amended to read:
1.7 Subd. 2. Restraining order; court jurisdiction.
1.8
1.9
1.10residence of either party or in the county in which the alleged harassment occurred. There
1.11are no residency requirements that apply to a petition for a harassment restraining order.
1.12(b) The parent, guardian, or stepparent of a minor who is a victim of harassment may
1.13seek a restraining order from the district court on behalf of the minor.
1.14 Sec. 2. Minnesota Statutes 2010, section 609.748, subdivision 3a, is amended to read:
1.15 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under
1.16this section are waived for the petitioner if the petition alleges acts that would constitute a
1.17violation of section
1.18to
1.19perform their duties relating to service of process without charge to the petitioner. The
1.20court shall direct payment of the reasonable costs of service of process if served by a
1.21private process server when the sheriff is unavailable or if service is made by publication.
1.22The court may direct a respondent to pay to the court administrator the petitioner's filing
2.1fees and reasonable costs of service of process if the court determines that the respondent
2.2has the ability to pay the petitioner's fees and costs.
