SF4602

Purpose

To require advance notice to the petitioner before the respondent is served with a harassment restraining order or temporary restraining order, when the petitioner asks for it.

Main Provisions

• Adds Subd.5d to Minnesota Statutes 2024 section 609.748.
• If the petitioner requests, a sheriff or peace officer must make reasonable efforts to notify the petitioner at least 24 hours before the respondent is served with a temporary restraining order (TRO) or restraining order (RO) issued under this section.
• The notice can be given through methods such as texting, calling, or emailing the petitioner, if the petitioner's contact information is available to the officer.

How It Works (Implementation Details)

• The requirement applies only when the petitioner requests notification before service.
• The notification is intended to occur before the respondent is served, not after.
• “Reasonable efforts” are the methods listed (text, call, email) and may include other appropriate steps if contact information is available.

Significance and Potential Impact

• Purpose and effect: Gives petitioners advance warning about when the respondent will be served, allowing them to prepare safety planning or take other precautions.
• Changes to current law: Adds a new rule to 609.748 that requires pre-service notice if requested.
• Practical considerations: Could add time before service, depending on implementation, but aims to improve petitioner awareness and safety.

Key Terms (from the bill)

• petition
• petitioner
• respondent
• harassing restraining order (HRO)
• temporary restraining order (TRO)
• restraining order (RO)
• service (of the order)
• sheriff
• peace officer
• notice / notification
• reasonable efforts
• contact information
• texting
• calling
• emailing
• Minnesota Statutes 2024 section 609.748

Relevant Terms - petition, petitioner, respondent, TRO, RO, HRO, service, notice, reasonable efforts, contact information, texting, calling, emailing, sheriff, peace officer, Minnesota Statutes 2024 section 609.748