DOMESTIC ABUSE

Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-842-6907
mthugdahl@mnlsap.org

I. ORDERS FOR PROTECTION AND DOMESTIC ABUSE NO CONTACT ORDERS - VENUE
Chapter47, Sections 2 and 6 (HF 1400)
Adds Minn. Stat. §§ 518B.01, subd. 14a; and 629.75, subd. 2a
Effective August 1, 2013

Extends venue for hearing Orders for Protection (OFP) or Domestic Abuse No Contact Orders (DANCO) to: (1) the jurisdiction of the victim's designated address, if the victim participates in the Safe at Home address confidentiality program established under Minnesota Statutes, Chapter 5B; (2) the location where any call is made or received; or (3) in the case of wireless, electronic, or other technology-based communication, where the actor or victim resides.

II. OFFENSES - ELEMENTS

Note: This section highlights various definitions and elements of domestic violence-related offenses that were amended in the 2013 session.

A. Definition of "Violent Crime"
Chapter 34, Section 4 (SF 769)
Amends Minn. Stat. § 611A.036, subd. 7
Effective August 1, 2013

Adds crime of stalking to definition of "violent crime" within employer retaliation statute.

Note: This addition expands the protections of the statute requiring employers to allow victims and the victim's immediate family members reasonable time off from work to attend criminal proceedings.

B. Order Violations - Enhanced Penalties
Chapter 47, Sections 1, 4, and 5 (HF 1400)
Amends Minn. Stat. §§ 518B.01, subd. 14; 609.748, subd. 6; and 629.75, subd. 2
Effective August 1, 2013

Deletes the term "knowingly" from the offense of violation of: (1) an Order for Protection; (2) a Harassment Restraining Order; or (3) a Domestic Violence No Contact Order.

Note: As a result of this change, a person is guilty of violating the order and subject to enhanced penalties if the person: (1) was aware of the existence of the order; and (2) committed an act in violation. There is no requirement to show that the person "knowingly committed an act in violation of the order."

C. Prior Offenses - Family or Household Member
Chapter 47, Section 3 (HF 1400)
Amends Minn. Stat. § 609.2242, subd. 2
Effective August 1, 2013

Deletes the requirement that to enhance a subsequent offense a previous qualified domestic violence-related offense must have been committed against a family or household member.

D. Admissibility - Similar Conduct
Chapter 47, Section 7 (HF 1400)
Amends Minn. Stat. § 634.20
Effective August 1, 2013

Expands admissibility beyond only prior "similar" conduct against the current victim or a family or household member.

Note: The result of this change means that prior domestic conduct (whether similar or not) against the victim or family or household member will be admissible, unless, as provided under existing law, its probative value is outweighed by "the danger of unfair prejudice, confusion of the issue, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence."

III. CRIME VICTIM NOTIFICATION DATA
Chapter 34, Sections 1, 2, 8, and 10 (SF 769)
Amends Minn. Stat. §§ 13,871, subd. 5; 629.72, subd. 6; and 629.73
Adds Minn. Stat. § 13.854
Effective August 1, 2014

Classifies as private data a victim's: (1) identifying information; (2) requests for notification; and (3) provision of notification regarding the release of a person held in custody.