|Senate Counsel & Research||State of Minnesota|
|S.F. No. 3349 - Foreign Orders for Protection|
|Author:||Senator Jane Ranum|
|Prepared by:||Kathleen Pontius, Senate Counsel (651/296-4394)|
|Date:||March 28, 2006|
The court administrator must file and enter foreign orders that are not certified or authenticated if supported by an affidavit, which may be provided by the person protected by the order. Copies of the order must be provided as required in this section.
A valid foreign protective order has the same effect and must be enforced in the same manner as an order for protection issued in this state whether or not it is entered into the database. A foreign order is presumed valid if it meets specified requirements. Proof that an order fails to meet one of the specified factors would be an affirmative defense in an action seeking enforcement.
A peace officer must treat a foreign protective order as a valid legal document and make an arrest for a violation. The fact that an order has not been filed or entered into the database is not grounds to refuse to enforce the order unless it is apparent that it is invalid on its face.
A peace officer acting reasonably and in good faith in connection with enforcement of a foreign order is immune from liability. Filing and service costs are waived.
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