[§709-909]  Domestic violence intervention.  Notwithstanding chapter 706 or any other law to the contrary, any sentence for domestic violence intervention specified by section 709-906 shall be imposed by the court, with or without probation. [L 2022, c 43, §4]

Cross References

  Domestic violence intervention, see §§580-17 and 586-13.

COMMENTARY ON §709-909

  Act 43, Session Laws 2022, added this section to require courts to impose any sentence for domestic violence intervention specified by §709-906 for abuse of family or household members, with or without probation.  The establishment of this section coincided with other amendments made by Act 43 clarifying that a court is required to impose a sentence for domestic violence intervention, with or without probation, for violations of restraining orders, orders for protection, and abuse of family or household members.  The legislature found that §586-4 authorizes a family court to order a violator of a temporary restraining order to undergo mandatory domestic violence intervention.  However, the legislature found that the Hawaii Supreme Court misinterpreted §586-4(e) by holding that domestic violence intervention may only be ordered as a condition of probation.  The legislature noted that domestic violence intervention, which includes anger management and domestic violence treatment, is an important part of addressing the root causes of domestic violence.  Act 43 highlighted the importance of domestic violence intervention and clarified legislative intent by clearly mandating domestic violence intervention regardless of whether persons are sentenced with or without probation for violations of restraining orders, orders for protection, or abuse of family or household members.  Senate Standing Committee Report No. 3853, House Standing Committee Report No. 777-22, Senate Standing Committee Report No. 3444.