HRS 0586-0004 ANNOTATIONS

Restraining orders, see HFCR rule 65.

The provisions of an unexpired temporary restraining order issued pursuant to this section remain in effect until modified or set aside; where provisions of the temporary restraining order were not modified or set aside, the factual basis for the temporary restraining order was not subject to collateral attack at the criminal trial charging defendant with violation of the temporary restraining order. 96 H. 402, 31 P.3d 915.

A chapter 586 protective order does not unconstitutionally curtail a person's freedom of movement. 85 H. 197 (App.), 940 P.2d 404.

The order to a respondent to show cause under subsection (a) is a direction from the court to appear at a hearing to answer and to respond to the petition's allegations, rather than a mandate which places the burden on the respondent of initially going forward with evidence to prove the negative of the allegations. 91 H. 438 (App.), 984 P.2d 1264.

Unless expressly permitted by the court, §134-7(f) unqualifiedly prohibits a person subject to an order under this chapter from possession and control of a firearm during the pendency of that order; this prohibition is effective irrespective of whether the respondent owned the firearms involved. 91 H. 438 (App.), 984 P.2d 1264.