HOUSE OF REPRESENTATIVES	H.B. NO.	135
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC ABUSE ORDERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 586-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A temporary restraining order granted pursuant to this chapter shall remain in effect at the discretion of the court, for a period not to exceed ninety days from the date the order is granted[.] or until the effective date of a protective order issued by the court as defined in section 586-5.6, whichever occurs first."

     SECTION 2.  Section 586-5.6, Hawaii Revised Statutes, is amended to read as follows:

     "§586-5.6  Effective date.  The temporary restraining order shall be effective as of the date of signing and filing; provided that if a temporary restraining order is granted orally in the presence of all the parties and the court determines that each of the parties understands the order and its conditions, if any, then the order shall be effective as of the date it is orally stated on the record by the court until further order of the court.  Protective orders orally stated by the court on the record shall be effective as of the date of the hearing if the respondent attends the hearing or, if the respondent was served but failed to appear, then upon service of the protective order upon the respondent until further order of the court; provided that all oral protective orders shall be reduced to writing and issued forthwith.  The judiciary shall provide forms which will enable the court to issue all temporary restraining orders forthwith."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

 

Report Title:

Domestic Abuse Orders

 

Description:

Allows a temporary restraining order to remain in effect for 90 days or until the effective date of a protective order, whichever occurs first.  Provides that protective orders orally stated by the court on the record shall be effective as of the date of the hearing if the respondent attends the hearing or, if the respondent was served but failed to appear, then upon service of the protective order upon the respondent until further order of the court.  Effective July 1, 2050.  (HB135 HD1)

 

 

 

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