Bill Summary
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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

This bill amends the Domestic Abuse Act to provide for entry and enforcement of foreign protective orders. A definition of "foreign protective order" is included. A person for whom the order has been issued or the issuing court or tribunal may provide a certified or authenticated copy of the order to the court administrator in the county that would have venue if the original action was commenced in this state or in which the person in whose favor the order was entered may be present, for filing and entering into the state order for protection database.

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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