Restraining order jurisdiction

Changes to the state’s harassment restraining order are designed to clear up state statute and remove an administrative barrier for victims.

Sponsored by Rep. Glenn Gruenhagen (R-Glencoe) and Sen. Roger Chamberlain (R-Lino Lakes), the law will 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. Signed April 23 by Gov. Mark Dayton, it takes effect

Aug. 1, 2012.

Because current statute doesn’t clearly give direction to the courts about filing a restraining order, this has led to inconsistent handling of requests, especially in Greater Minnesota. Advocates working with victims found they would appear in one county to help their clients file an order for petition, only to be told that they would have to go to another county to seek court protection.

Supporters said it will help in cases like when 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 had harassed her.

Courts will 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. In order to be eligible for federal grants to combat violence crimes against women, states must certify their laws do not require victims of sexual assault, stalking or domestic violence bear the cost of filing for a protection order.

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