HRS 0586-0005_0005 ANNOTATIONS

Rules of Court

Restraining orders, see HFCR rule 65.

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

Application of preponderance of the evidence standard as appropriate judicial basis for issuance of protective order under this section does not violate due process rights. 85 H. 197 (App.), 940 P.2d 404.

No equal protection violation for use of preponderance of evidence standard of proof for this section 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.

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.