Hawaii Revised Statutes 586. Domestic Abuse Protective Orders

PART I. GENERAL PROVISIONS

  • 586-1 Definitions.
    Part designation added by revisor. §586-1 Definitions. As used in this chapter: "Dating relationship" means a romantic, courtship, or engagement relationship, often but not...
  • 586-2 Court Jurisdiction.
    Part designation added by revisor. [§586-2] Court jurisdiction. An application for relief under this chapter may be filed in any family court in the...
  • 586-3 Order for Protection.
    Part designation added by revisor. §586-3 Order for protection. (a) There shall exist an action known as a petition for an order for protection...
  • 586-4 Temporary Restraining Order.
    Part designation added by revisor. §586-4 Temporary restraining order. (a) Upon petition to a family court judge, an ex parte temporary restraining order may...
  • 586-5 Period of Order; Hearing.
    Part designation added by revisor. §586-5 Period of order; hearing. (a) A temporary restraining order granted pursuant to this chapter shall remain in effect...
  • 586-5.5 Protective Order; Additional Orders.
    Part designation added by revisor. §586-5.5 Protective order; additional orders. (a) If, after hearing all relevant evidence, the court finds that the respondent has...
  • 586-5.6 Effective Date.
    Part designation added by revisor. §586-5.6 Effective date. The temporary restraining order shall be effective as of the date of signing and filing; provided...
  • 586-5.8 Transfer or Release of Domestic Violence Victims From Shared Wireless Plans.
    Part designation added by revisor. [§586-5.8] Transfer or release of domestic violence victims from shared wireless plans. (a) The court may issue an order...
  • 586-6 Notice of Order.
    Part designation added by revisor. §586-6 Notice of order. (a) Any order issued under this chapter shall either be personally served upon the respondent,...
  • 586-7 Assistance of Police in Service or Execution.
    Part designation added by revisor. [§586-7] Assistance of police in service or execution. When an order is issued under this chapter upon request of...
  • 586-8 Right to Apply for Relief.
    Part designation added by revisor. [§586-8] Right to apply for relief. (a) A person's right to apply for relief shall not be affected by...
  • 586-9 Modification of Order.
    Part designation added by revisor. §586-9 Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of...
  • 586-10 Copy to Law Enforcement Agency.
    Part designation added by revisor. §586-10 Copy to law enforcement agency. (a) Any order for protection granted pursuant to this chapter shall be transmitted...
  • 586-10.5 Reports by the Department of Human Services; Court Responsibilities.
    Part designation added by revisor. §586-10.5 Reports by the department of human services; court responsibilities. In cases where there are allegations of domestic abuse...
  • 586-11 Violation of an Order for Protection.
    Part designation added by revisor. §586-11 Violation of an order for protection. (a) Whenever an order for protection is granted pursuant to this chapter,...

PART II. FOREIGN PROTECTIVE ORDERS

  • 586-21 Foreign Protective Orders.
    Any valid protective order, as defined in 18 U.S.C. §2266, issued by a court or tribunal of another state, tribe, or territory of the...
  • 586-22 Valid Protective Order.
    (a) A protective order issued by another state, tribe, or territory shall be considered valid if: (1) The issuing court or tribunal had jurisdiction...
  • 586-23 Filing of Foreign Protective Order.]
    A certified copy of a foreign protective order, accompanied by a sworn affidavit that the order remains in effect and has not been vacated...
  • 586-24 Enforcement of Foreign Protective Orders.
    (a) A law enforcement officer shall enforce a foreign protective order that appears to be authentic on its face. For purposes of this section,...
  • 586-25 Good Faith Immunity.
    Any law enforcement officer acting in good faith shall be immune from civil or criminal liability in any action arising in connection with enforcement...
  • 586-26 Penalties.
    Any violation of a foreign protective order entitled to full faith and credit under this part is a misdemeanor. The court shall sentence a...

Law Journals and Reviews

Hamilton v. Lethem: The Parental Right to Discipline One's Child Trumps a Child's Right to Grow Up Free from Harm. 36 UH L. Rev. 347 (2014).

Case Notes

A protective order under this chapter does not unconstitutionally curtail a person's freedom of movement. 85 H. 197 (App.), 940 P.2d 404.

No equal protection violation for use of preponderance of evidence standard of proof for 586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under chapter 571 for this chapter was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

Under 571-14(a)(8) and 571-42, family court is vested with exclusive jurisdiction over proceedings under this chapter and applicable standard of proof to be applied in those proceedings is preponderance of the evidence. 85 H. 197 (App.), 940 P.2d 404.

Unless expressly permitted by the court, 134-7(f) unqualifiedly prohibits a person subject to an order under this chapter from possession and control of a firearm during the pendency of that order; this prohibition is effective irrespective of whether the respondent owned the firearms involved. 91 H. 438 (App.), 984 P.2d 1264.

Pursuant to this chapter, absent special circumstances, the family court should not be involved in any stage of the prosecution of an allegation of a knowing or intentional violation of a protective order by an adult person, including the stage where the allegations are referred to the police or the prosecutor, other than to simply advise interested parties that the proper place to present such allegations is to the police or the prosecutor, not to the family court. 99 H. 363 (App.), 55 P.3d 856.

The constitutional right to discipline is inherent in the right to care, custody, and control of one's children; due process requires the State provide meaningful standards to guide the application of its laws; the appropriate standard for family courts to apply in contested chapter 586 show cause hearings is whether the parent's discipline is reasonably related to the purpose of safeguarding or promoting the welfare of the minor; in applying such standard, circumstances, including factors such as the nature of the misbehavior, the child's age and size, and nature and propriety of the force used, should also guide the courts in this State. 126 H. 294, 270 P.3d 1024 (2012).

The process for obtaining an ex parte temporary restraining order under this chapter did not fall short of the constitutional requirements of procedural due process where the strength of the State's and petitioner's interests, the "emergency nature of the decision", and the "practical difficulties inherent in convening an immediate evidentiary hearing" mitigated against requiring further procedural protections. 125 H. 330 (App.), 260 P.3d 1148 (2011).

This chapter is not unconstitutional, as the right of parents to discipline their children is not unlimited; as parents do not possess a fundamental right to inflict force or harm upon a child that the legislature has deemed to be excessive and harmful to the child's welfare, a rational basis review applied to this chapter; under that review, ex parte TROs under this chapter were rationally related to the legitimate state interest in protecting minors from physical and psychological harm. 125 H. 330 (App.), 260 P.3d 1148 (2011).

Last modified: October 27, 2016