Section
401. Definitions.
402. Petition for Order for Protection; Docket Priority.
403. Filing of Petition.
404. Hearings.
405. Relief by Court.
406. Temporary Order.
407. Service of Order.
408. Assistance of Band Law Enforcement Agency.
409. Effect of Leaving Household.
410. Security or Bond.
411. Modification of Order.
412. Titles.
413. Copy to Law Enforcement Agency.
414. Violation of Order.
415. Immunity of Law Enforcement Officers.
Cross References
Assault and battery, see 24 MLBS §§ 1101, 1102.
Child care staff, abuse or neglect of children, see 8 MLBS § 1207.
Duty to report abuse, see 8 MLBS § 301.
§ 401. Definitions.
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(a) "Domestic abuse" means the following, if committed against a family or household member by a family or household member:
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(1) physical harm, bodily injury, or assault;
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(2) the infliction of fear of imminent physical harm, bodily injury, or assault;
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(3) terroristic threats, which means threats, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience;
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(4) criminal sexual conduct, as defined in Minn. Stat. §§ 609.342, 609.343, 609.344, 609.345, and 609.3451, to include criminal sexual conduct first through fifth degree;
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(5) sexual extortion, as defined in Minn. Stat. § 609.3458; or
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(6) interference with an emergency call, which means when a person intentionally interrupts, disrupts, impedes, or interferes with an emergency call or intentionally prevents or hinders another from placing an emergency call.
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(b) "Family or household members" means:
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(1) spouses and former spouses;
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(2) parents and children;
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(3) persons related by blood;
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(4) persons who are presently residing together or who have resided together in the past;
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(5) persons who have a child in common regardless of whether they have been married or have lived together at any time;
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(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
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(7) persons involved in a significant romantic or sexual relationship.
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Issuance of an order for protection on the ground in paragraph (6) does not affect a determination of paternity under Title 8, Chapter 12, Subchapter 2. In determining whether persons are or have been involved in a significant romantic or sexual relationship under paragraph (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.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 47.
Band Act 82-23.
§ 402. Petition for Order for Protection; Docket Priority.
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(a) There shall exist an action known as a petition for an order for protection in cases of domestic abuse before the Court of Central Jurisdiction.
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(b) All actions brought under this chapter shall be given docket priority by the Court of Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 47.
§ 403. Filing of Petition.
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(a) A petition for relief under this chapter may be made by any family or household member on behalf of himself or on behalf of minor family or household members.
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(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.
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(c) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition or other action between the parties.
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(d) The Court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section by a person not represented by counsel.
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(e) The Court shall advise a petitioner under subsection (d) of the right to file a motion and affidavit and to sue in forma pauperis pursuant to Band Statute and shall assist with the writing and filing of the motion and affidavit.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 48.
§ 404. Hearing
Upon receipt of the petition, the Court shall order a hearing which shall be held not later than 14 days after the date of the order. Personal service shall be made upon the respondent not less than five days prior to the hearing. In the event that service cannot be made, the Court may set a new date.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 49.
§ 405. Relief by Court.
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(a) Upon notice and hearing, the Court may provide relief as follows:
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(1) Restrain any party from committing acts of domestic abuse;
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(2) Exclude the abusing party from the dwelling which parties share or from the residence of the petitioner;
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(3) Award temporary custody or establish temporary visitation with regard to minor children of the parties;
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(4) Establish temporary support for minor children or a spouse;
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(5) Provide counseling or other social services from the abusing party or if there are minor children;
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(6) 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 Law Enforcement Agency of the Band, as provided in this chapter.
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(b) Any relief granted by the order for protection shall be for a fixed period not to exceed one year.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 50.
§ 406. Temporary Order.
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(a) Where an application under this chapter alleges an immediate and present danger of domestic abuse, the Court may grant an ex parte temporary order for protection, pending a full hearing, and granting relief as the Court deems proper, including an order:
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(1) Restraining any party from committing acts of domestic abuse;
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(2) Excluding any party from the dwelling they share or from the residence of the other except by further order of the Court.
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(b) An ex parte temporary order for protection shall be effective for a fixed period not to exceed 14 days. A full hearing, as provided by this chapter, shall be set for not later than seven days from the issuance of the temporary order. The respondent shall be served forthwith, a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.
§ 407. Service of Order.
Any order issued under this chapter shall be personally served upon the respondent.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.02.
§ 408. Assistance of Band Law Enforcement Agency.
When an order is issued under this chapter upon request of the petitioner, the Court shall order the Law Enforcement Agency of the Band 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.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.03.
§ 409. Effect of Leaving Household.
A person's right to apply for relief shall not be affected by his or her leaving the residence or household to avoid abuse.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.04.
§ 410. Security or Bond.
The Court shall not require security or bond of any party unless it deems necessary in exceptional cases.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.04.
§ 411. Modification of Order
Upon application, notice to all parties, and hearing, the Court may modify the terms of an existing order for protection.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.05.
§ 412. Titles.
Nothing in this chapter shall affect the title to property, real or personal.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.06.
§ 413. Copy to Law Enforcement Agency.
Upon the request of the petitioner, any order for protection granted pursuant to this chapter shall be forwarded by the Clerk of Court within 24 hours to the Law Enforcement Agency of the Band with jurisdiction over the residence of the applicant.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.07.
§ 414. Violation of Order.
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(a) Whenever an order for protection is granted pursuant to this chapter, and the respondent or person to be restrained knows of the order, violation of the order for protection is a misdemeanor pursuant to Band contempt law.
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(b) Upon the filing of an affidavit by the petitioner or any Law Enforcement Officer, alleging that the respondent has violated any order for protection granted pursuant to this chapter, the Court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days why he should not be found in contempt of court and punished therefore. The hearing may be held by the District in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.09.
§ 415. Immunity of Law Enforcement Officers.
A Law Enforcement Officer is not liable for a failure to perform a duty required by 8 MLBS § 414.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 51.10.
Cross References
Suits against Band officials and employees, see 24 MLBSA § 701.