Bill Text: HI HR54 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judiciary; Domestic Violence; Training Program

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2011-03-23 - (H) Report adopted. referred to the committee(s) on JUD as amended in HD 1 with none voting no and Belatti, Chang, Tokioka excused. [HR54 Detail]

Download: Hawaii-2011-HR54-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	54
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

HOUSE RESOLUTION

 

 

ReQUESTING THE JUDICIARY TO DEVELOP AND IMPLEMENT A TRAINING PROGRAM FOR FAMILY COURT JUDGES AND GUARDIANS AD LITEM TO BETTER RECOGNIZE AND UNDERSTAND DOMESTIC VIOLENCE.

 

 

 

     WHEREAS, domestic violence is recognized as a pattern of behaviors used by one person to coercively control another person in a relationship; and

 

     WHEREAS, domestic violence may take the form of psychological, physical, or sexual abuse and may happen once or periodically to victims of any age, gender, race, culture, religion, education level, employment status, or marital status; and

 

     WHEREAS, the primary, most damaging, and long-term form of domestic violence is psychological abuse, which rarely leaves any physical traces of its occurrence; and

 

     WHEREAS, victims of abuse are encouraged to terminate relationships with abusive partners for their own safety and the safety of their children and to avert further and future harm; and

 

     WHEREAS, the termination of an abusive relationship may increase a perpetrator's lethality because the perpetrator loses control over the victim and may increase abusive behavior in order to regain control; and

 

     WHEREAS, child custody and visitation frequently become disputed issues after a victim successfully escapes an abusive relationship; and

 

     WHEREAS, the litigation of child custody and visitation disputes often provides perpetrators of domestic abuse and family violence with an ongoing venue for the continued use of coercive control against their former partners under the guise of child custody and visitation concerns; and

 

     WHEREAS, domestic violence is a serious crime in addition to being a serious personal or family problem; and

 

     WHEREAS, section 571-46(a)(9)-(14), Hawaii Revised Statutes, establishes specific criteria for the Family Court to consider in custody or visitation disputes when family violence has occurred; and

 

     WHEREAS, the Legislature is concerned that Family Court judges may not be correctly applying or enforcing section 571‑46(a)(9)-(14), Hawaii Revised Statutes, to the detriment of domestic violence survivors and their children, and ultimately punishing survivors and their children for successfully escaping abusive homes; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that the Judiciary is requested to develop and implement a training program for Family Court judges and guardians ad litem to better recognize and understand the various signs and consequences of domestic violence; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Supreme Court, the Senior Judge of the Family Court, the Administrative Director of the Courts, and the Chief Court Administrator of each Circuit.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Judiciary; Domestic Violence; Training Program