HRS 0586- ANNOTATIONS

Cross References

Dependent adult protective services, see §§346-221 to 253.

Law Journals and Reviews

1998 Hawai`i Legislation and Case Law Update. 21 UH L. Rev. 317.

Case Notes

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

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 chapter 571 for this chapter was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

Under §§571-14(a)(8) and 571-42, family court is vested with exclusive jurisdiction over proceedings under this chapter and applicable standard of proof to be applied in those proceedings is preponderance of the evidence. 85 H. 197 (App.), 940 P.2d 404.

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.

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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