Restraining order clarification

Changes to the state’s harassment restraining order could be forthcoming in hopes of clearing up state statute and removing an administrative barrier for victims.

Sponsored by Rep. Glenn Gruenhagen (R-Glencoe), HF469 would allow an application for a harassment restraining order to be filed in the county of residence of either party or in the county where the alleged harassment occurred.

“Current statute is silent in giving direction to the courts about the venue or filing of an HRO,” he said. “This has resulted in inconsistent handling of these requests in different counties, particularly in Greater Minnesota. … Advocates who were working with victims found they were appearing in one county to help their clients file an HRO petition, only to be told that they would have to go to another county to seek court protection.”

Approved Feb. 23 by the House Public Safety and Crime Prevention Policy and Finance Committee, the bill was sent to the House Judiciary Policy and Finance Committee. It has no Senate companion.

Gruenhagen said endorsements have been forwarded from a number of groups, including the Minnesota County Attorneys Association and the Minnesota Coalition for Battered Women.

Donna Dunn, executive director of the Minnesota Coalition Against Sexual Assault, said the bill would help in cases like one where a victim tried to file the petition in a county of residence, but was told by a court clerk she had to file for a petition in the county where the incident took place. When the petitioner went to the second county she saw the perpetrator, who harassed her.

“She would not have had that trauma if she could have filed in her home county,” Dunn said.

Courts would also be permitted to waive filing fees for certain restraining order petitions. The fee can now be waived if the alleged acts would constitute criminal sexual conduct or gross misdemeanor or felony stalking.

“The federal government requires that states, in order to be eligible for grants to combat violence crimes against women, must certify that its laws do not require victims of sexual assault, stalking or domestic violence bear the cost of filing for a protection order,” Dunn added.