Bill Text: HI SB2943 | 2012 | Regular Session | Introduced
Bill Title: Temporary Restraining Orders; Disclosure of Pending Litigation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-27 - (S) Referred to JDL. [SB2943 Detail]
Download: Hawaii-2012-SB2943-Introduced.html
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THE SENATE |
S.B. NO. |
2943 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to temporary restraining orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 586-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Imminent" means the state or condition of being reasonably likely to occur at any moment or near at hand, rather than distant or remote."
SECTION 2. Section 586-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) A petition for relief shall be in
writing upon forms provided by the court and shall [allege,]:
(1) Allege, under penalty of perjury,
that: [a]
(A) A past act or acts of abuse
may have occurred; [threats]
(B) Threats of abuse make it
probable that acts of abuse may be imminent; or [extreme]
(C) Extreme psychological abuse
or malicious property damage is imminent; [and be]
(2) Be accompanied by an affidavit made
under oath or a statement made under penalty of perjury stating the specific
facts and circumstances from which relief is sought[.]; and
(3) Disclose all pending litigation involving the petitioner; provided that a petitioner who fails to comply with this paragraph shall be liable for any reasonable attorney's fees incurred by the respondent in connection with the petition."
SECTION 3. Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Upon petition to a family court
judge, an ex parte temporary restraining order may be granted without notice to
restrain either or both parties from contacting, threatening, or physically
abusing each other, notwithstanding that a complaint for annulment, divorce, or
separation has not been filed[.]; provided that prior to granting the
temporary restraining order, the judge may require ex parte meetings
with the petitioner for the purpose of receiving information to determine the
validity of the facts and circumstances stated in the petition. The order
may be granted to any person who, at the time the order is granted, is a family
or household member as defined in section 586-1 or who filed a petition on
behalf of a family or household member. The order shall enjoin the respondent
or person to be restrained from performing any combination of the following
acts:
(1) Contacting, threatening, or physically abusing the protected party;
(2) Contacting, threatening, or physically abusing any person residing at the protected party's residence; or
(3) Entering or visiting the protected party's residence.
The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court."
SECTION 4. Section 604-10.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) by adding two new definitions to be appropriately inserted and to read:
""Imminent" means the state or condition of being reasonably likely to occur at any moment or near at hand, rather than distant or remote.
"Served" means actual personal service, service by certified mail, or proof that a respondent under this section was present at the hearing at which a court orally issued an injunction pursuant to this section."
2. By amending subsection (d) to read:
"(d) A petition for relief from
harassment shall [be]:
(1) Be in writing [and shall allege];
(2) Allege that a past act or acts of
harassment may have occurred or that threats of harassment make it probable
that acts of harassment may be imminent; [and shall be]
(3) Be accompanied by an affidavit made
under oath or statement made under penalty of perjury stating the specific
facts and circumstances for which relief is sought[.]; and
(4) Disclose all pending litigation involving the petitioner; provided that a petitioner who fails to comply with this paragraph shall be liable for any reasonable attorney's fees incurred by the respondent in connection with the petition."
3. By amending subsections (f), (g), and (h) to read:
"(f) Upon petition to a district court under this section, the court may require ex parte meetings with the petitioner for the purpose of receiving information to determine the validity of the facts and circumstances stated in the petition. The court may temporarily restrain the person or persons named in the petition from harassing the petitioner upon a determination that there is probable cause to believe that a past act or acts of harassment have occurred or that a threat or threats of harassment may be imminent. The court may issue an ex parte temporary restraining order either in writing or orally; provided that oral orders shall be reduced to writing by the close of the next court day following oral issuance.
(g) A temporary restraining order that is granted under this section 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. A hearing on the petition to enjoin harassment shall be held within fifteen days after the temporary restraining order is granted. If service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing; provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted.
The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment. The court shall receive all evidence that is relevant at the hearing and may make independent inquiry.
If the court finds by clear and convincing evidence that harassment as defined in paragraph (1) of that definition exists, it may enjoin for no more than three years further harassment of the petitioner, or that harassment as defined in paragraph (2) of that definition exists, it shall enjoin for no more than three years further harassment of the petitioner; provided that this paragraph shall not prohibit the court from issuing other injunctions against the named parties even if the time to which the injunction applies exceeds a total of three years.
Any order issued under this section shall be
served upon the respondent. [For the purposes of this section,
"served" shall mean actual personal service, service by certified
mail, or proof that the respondent was present at the hearing at which the
court orally issued the injunction.] Where service of a restraining order
or injunction has been made or where the respondent is deemed to have received
notice of a restraining order or injunction order, any knowing or intentional
violation of the restraining order or injunction order shall subject the
respondent to the provisions in subsection (i).
Any order issued shall be transmitted to the chief of police of the county in which the order is issued by way of regular mail, facsimile transmission, or other similar means of transmission.
(h) [The] Subject to subsection
(d)(4), the court may grant the prevailing party in an action brought under
this section costs and fees, including attorney's fees."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Temporary Restraining Orders; Disclosure of Pending Litigation
Description:
Requires petitioners for temporary restraining orders to disclose all pending litigation involving the petitioner. Specifies a court's discretion to meet with the petitioner to receive additional information prior to granting a temporary restraining order. Defines "imminent" with regard to the type of harm for which a temporary restraining order may be issued.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
