Title 31, Family

PART II. FOREIGN PROTECTIVE ORDERS §586-21 Foreign protective orders. Any valid protective order, as defined in title 18 United States Code section 2266, issued by a court or tribunal of another state, tribe, or territory of the United States, or issued by a court or tribunal of …

[§586-22] Valid protective order. (a) A protective order issued by another state, tribe, or territory shall be considered valid if: (1) The issuing court or tribunal had jurisdiction over the parties and matter under the laws of the state, tribe, or territory; and (2) The respond…

[§586-23 Filing of foreign protective order.] A certified copy of a foreign protective order, accompanied by a sworn affidavit that the order remains in effect and has not been vacated or modified, may be filed with the court; provided that no filing fee shall be required. Filing…

[§586-24] Enforcement of foreign protective orders. (a) A law enforcement officer shall enforce a foreign protective order that appears to be authentic on its face. For purposes of this section, "authentic on its face" means the protective order contains the names of both parties…

§586-25 Good faith immunity. Any law enforcement officer acting in good faith shall be immune from civil or criminal liability in any action arising in connection with enforcement of a valid foreign protective order or a foreign protective order that appears to be authentic on it…

[§586-26] Penalties. Any violation of a foreign protective order entitled to full faith and credit under this part is a misdemeanor. The court shall sentence a person convicted under this section as follows: (1) For a first conviction for violation of the protective order, the pe…

§586-3 Order for protection. (a) There shall exist an action known as a petition for an order for protection in cases of domestic abuse. (b) A petition for relief under this chapter may be made by: (1) Any family or household member on the member's own behalf or on behalf of a fa…

§586-4 Temporary restraining order. (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…

§586-5 Period of order; hearing. (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 one hundred eighty days from the date the order is granted or until the effective date, as defined…

§586-5.5 Protective order; additional orders. (a) If, after hearing all relevant evidence, the court finds that the respondent has failed to show cause why the order should not be continued and that a protective order is necessary to prevent domestic abuse or a recurrence of abus…

§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 …

§586-5.8 Transfer or release of domestic abuse victims from shared wireless plans. (a) The court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to: (1) Transfer the billing authority and all rights to the wireless tel…

§586-6 Notice of order. (a) Any order issued under this chapter shall either be personally served upon the respondent, or served by certified mail, unless the respondent was present at the hearing in which case the respondent shall be deemed to have notice of the order. A filed c…

[§586-7] Assistance of police in service or execution. When an order is issued under this chapter upon request of the petitioner, the court may order the police department to serve the order and related documents upon respondent and to accompany the petitioner and assist in placi…

[§586-8] Right to apply for relief. (a) A person's right to apply for relief shall not be affected by the person's leaving the residence or household to avoid abuse. (b) The court shall not require security or bond of any party unless it deems [it] necessary in exceptional cases.…

§586-9 Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. The court may deny, without hearing, a motion to dismiss or to modify the terms of an existing order for protection if the motio…

[§586C-1] Short title. This chapter may be cited as the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act. [L 2022, c 107, pt of §1]

[§586C-10] Transition. This chapter shall apply to a Canadian domestic-violence protection order issued before, on, or after June 17, 2022, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on, or after June 17, 2022. A …

[§586C-2] Definitions. As used in this chapter, unless the context otherwise requires: "Canadian domestic-violence protection order" means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction that relate…

[§586C-3] Enforcement of Canadian domestic-violence protection order by law enforcement officer. (a) If a law enforcement officer determines under subsection (b) or (c) that there is probable cause to believe a valid Canadian domestic-violence protection order exists and the orde…

[§586C-4] Enforcement of Canadian domestic-violence protection order by tribunal. (a) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of: (1) A person authorized by law of this State other than this chapt…

[§586C-5] Registration of Canadian domestic-violence protection order. (a) An individual may register a Canadian domestic-violence protection order in a Hawaii state court. To register the order, the individual shall present a certified copy of the Canadian domestic-violence prot…

[§586C-6] Immunity. Any law enforcement officer acting in good faith shall be immune from civil or criminal liability in any action arising in connection with enforcement of a valid Canadian domestic-violence protection order or a Canadian domestic-violence protection order that …

[§586C-7] Other remedies. An individual who seeks a remedy under this chapter may seek other legal or equitable remedies. [L 2022, c 107, pt of §1]

[§586C-8] Uniformity of application and construction. In applying and construing this uniform Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2022, c 107, pt of §1]

[§586C-9] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et seq., but does not: (1) Modify, limit, or supersede s…

PART I. SHORT TITLE, PURPOSE, CONSTRUCTION, RIGHTS, AND DEFINITIONS [§587A-1] Short title. This chapter shall be known and cited as the Child Protective Act. [L 2010, c 135, pt of §1]

§587A-10 Relatives; foster placement. (a) The department shall provide a child's relative an application to be licensed as the child's resource family within fifteen days of the relative's request to provide foster placement for the child. The department shall issue a license onl…

§587A-11 Investigation; department powers. Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause an investigation to be made as it deems t…

PART IV. COURT PROCEEDINGS, EVIDENCE, AND ORDERS [§587A-12] Petition. (a) A petition invoking the jurisdiction of the court under this chapter shall: (1) Be verified and set forth: (A) A concise statement of the basis for each allegation of harm or threatened harm that brings a c…

§587A-13 Summons and service of summons. (a) After a petition has been filed, the court shall issue a summons requiring the presence of the parents and other persons to be parties to the proceeding except the child, as follows: (1) A copy of the petition shall be attached to each…

[§587A-14] Notice of hearings; participation of resource family. (a) Notice of hearings shall be served on the parties; provided that no further notice is required for any party who defaulted or was given actual notice of a hearing while present in court. Notice of hearings shall…

[§587A-15] Duties, rights, and liability of authorized agencies. (a) If an authorized agency has family supervision, it has the following duties and rights, subject to such conditions or restrictions as the court deems to be in the best interests of a child: (1) Monitoring and su…

[§587A-16] Guardian ad litem. (a) The court shall appoint a guardian ad litem for a child to serve throughout the pendency of child protective proceedings under this chapter. (b) The court may appoint a guardian ad litem for an incapacitated adult party, as set forth below: (1) U…

[§587A-17] Court-appointed attorneys. (a) The court may appoint an attorney to represent a legal parent who is indigent based on court-established guidelines. The court may also appoint an attorney to represent another indigent party based on court-established guidelines, if it i…

[§587A-18] Reports to be submitted by the department and authorized agencies. (a) Unless otherwise ordered by the court, the department or other authorized agencies shall file written reports with the court: (1) Concurrent with the filing of a petition invoking the jurisdiction o…

[§587A-19] Testimony by department social worker. A person employed by the department as a social worker in the area of child protective services or child welfare services shall be presumed to be qualified to testify as an expert on child protective or child welfare services. Any…

[§587A-2] Purpose; construction. This chapter creates within the jurisdiction of the family court a child protective act to make paramount the safety and health of children who have been harmed or are in life circumstances that threaten harm. Furthermore, this chapter makes provi…

[§587A-20] Inadmissibility of evidence in other state actions or proceedings. The court may order that testimony or other evidence produced by a party in a proceeding under this chapter shall be inadmissible as evidence in any other state civil or criminal action or proceeding if…

§587A-21 Admissibility of evidence; testimony by a child. (a) Any statement relating to an allegation of imminent harm, harm, or threatened harm that a child has made to any person shall be admissible as evidence. (b) For orders for protective custody or in temporary foster custo…

[§587A-22] Unavailability of specified privileges. The following privileges shall not be available to exclude evidence of imminent harm, harm, or threatened harm in any proceeding under this chapter: (1) The physician-patient privilege; (2) The psychologist-client privilege; (3) …

[§587A-23] Effect of oral orders. Orders stated orally by the court on the record in a proceeding under this chapter shall have full force and effect from the date of the hearing until further order of the court. All oral orders shall be reduced to writing as soon as is practicab…

[§587A-24] Motions to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules. In considering a party's motion to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules, the court need not …

[§587A-25] Conduct of hearing in child protective proceedings. (a) The court shall hear child protective proceedings without a jury at a hearing separate from those for adults. (b) The general public shall be excluded from child protective proceedings. Only parties found by the c…

[§587A-26] Temporary foster custody hearing. (a) When the department assumes temporary foster custody of a child and files a petition pursuant to this chapter, the court shall conduct a temporary foster custody hearing within two days after the petition is filed, excluding Saturd…

§587A-27 Service plan. (a) The service plan shall provide: (1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and…