Bill Text: HI HB2009 | 2010 | Regular Session | Introduced
Bill Title: Domestic Abuse Orders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-20 - (H) Referred to HUS, JUD, referral sheet 2 [HB2009 Detail]
Download: Hawaii-2010-HB2009-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2009 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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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 service of a protective order issued by the
court, whichever should occur 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] upon
service 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 Statutory material to be repealed is bracketed and stricken.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 upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Domestic Abuse Orders
Description:
Allows a temporary restraining order to remain in effect for 90 days or until service of a protective order, whichever occurs first. Also amends law to provide that protective orders orally stated by the court on the record shall be effective upon service on the respondent.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
