HOUSE OF REPRESENTATIVES	H.B. NO.	255
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC ABUSE protective 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 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] 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.  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  Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Domestic Abuse; Temporary Restraining Orders

 

Description:

Allows a temporary restraining order to remain in effect for 90 days or until service of a protective order, whichever occurs first.  Provides that protective orders orally stated by the court on the record shall be effective upon service on the respondent.

 

 

 

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