Bill Text: HI SB3060 | 2016 | Regular Session | Introduced
Bill Title: Domestic Violence; Temporary Restraining Order; Extension
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2016-01-29 - Referred to JDL. [SB3060 Detail]
Download: Hawaii-2016-SB3060-Introduced.html
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THE SENATE |
S.B. NO. |
3060 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to domestic violence.
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] Except as provided in
section 586-5.5(b), 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 one hundred eighty days from the date the order is granted or until
the effective date, as defined in section 586-5.6, of a protective order issued
by the court, whichever occurs first."
SECTION 2. Section 586-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A protective order may be extended
for such further fixed reasonable period as the court deems appropriate. Upon
application by a person or agency capable of petitioning under section 586-3,
the court shall [hold a hearing to determine whether the protective order
should be extended. In making a determination, the court shall consider
evidence of abuse and threats of abuse that occurred prior to the initial
restraining order and whether good cause exists to extend the protective order.],
authorize, without a hearing, an extension of the protective order for the
amount of time requested in the application up to a maximum of twenty-four
months.
The extended protective order may include all orders stated in the preceding restraining order and may provide such further relief as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation and custody with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention services. The court may terminate the extended protective order at any time with the mutual consent of the parties."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Domestic Violence; Temporary Restraining Order; Extension
Description:
Requires the court, without a hearing, to grant an extension of a temporary protective order for up to twenty-four months when an authorized party applies for an extension.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
