HRS 0586-0011 ANNOTATIONS

Case Notes

Family court's dismissal of petition alleging misdemeanor under section upheld where, under section 586-6, defendant not personally served with protective order and not present at hearing at which order issued, despite defendant's actual knowledge of order. 72 H. 493, 824 P.2d 106.

Allegations in its bill of particulars, to which the State's proof was limited, that defendant argued with wife about visitation at wife's residence, was insufficient to constitute a violation of this section, where order of protection allowed limited contact with defendant's wife for the purpose of visitation. 92 H. 449 (App.), 992 P.2d 718.

Pursuant to this chapter, absent special circumstances, the family court should not be involved in any stage of the prosecution of an allegation of a knowing or intentional violation of a protective order by an adult person, including the stage where the allegations are referred to the police or the prosecutor, other than to simply advise interested parties that the proper place to present such allegations is to the police or the prosecutor, not to the family court. 99 H. 363 (App.), 55 P.3d 856.

 

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