HRS 0571-0014 ANNOTATIONS

Cross References

Commitment, see chapters 333F and 334.

Guardianship, see chapter 560, article V.

Case Notes

The fact that defendant was a "family or household member" for purposes of §709-906 did not satisfy paragraph (1)'s subject matter jurisdiction factual criteria because a "family or household member" is not by that fact "the child's parent or guardian or … any other person having the child's legal or physical custody". 77 H. 260 (App.), 883 P.2d 682.

The question whether defendant had legal or physical custody of stepdaughter was subject matter jurisdictional question of fact for court to decide, not an essential element of the alleged offense for the jury to decide. 77 H. 260 (App.), 883 P.2d 682.

No equal protection violation for use of preponderance of evidence standard of proof for §586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

Under paragraph (8) and §571-42, family court is vested with exclusive jurisdiction over chapter 586 proceedings and applicable standard of proof to be applied in those proceedings is preponderance of the evidence. 85 H. 197 (App.), 940 P.2d 404.

Where family court did not have subject matter jurisdiction under this section, charge of harassment against defendant husband remanded for dismissal. 98 H. 287 (App.), 47 P.3d 754.

 

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