Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 67 entitled:

begs leave to report as follows:

The purpose of this measure is to allow the family court to dismiss, without hearing, an application to modify a protective order if the application does not on its face allege facts sufficient to establish a significant change of circumstances of the parties since the issuance of the order.

Your Committee received testimony in support of this measure from the Judiciary, Hawai'i State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, YWCA of Kauai, and four private citizens. Testimony in opposition was received from the Public Defender.

This measure is intended to prevent harassment of a domestic abuse victim by the perpetrator through misuse of the legal system. Your Committee finds that the typical situation involves numerous court filings by the perpetrator to modify the order of protection so that the perpetrator has the opportunity of meeting the victim face-to-face another time in court under the specious guise of a legal proceeding. Your Committee finds that appearance in court in these types of cases jeopardizes the safety and well-being of the victim. The perpetrator could also obtain the address of the victim in this instance.

This measure empowers the judge to outright dismiss such motions if they do not allege sufficient facts required to modify the order. Your Committee believes that a genuine change of circumstances could easily be set out in the motion. The significance of this measure is that the victim does not have to appear in court on frivolous motions to modify or to dismiss a protective order filed by an abusive spouse or household member.

Your Committee has amended this measure on the recommendation of the Judiciary to substitute appropriate terminology and to add dismissal of motions.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 67, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 67, S.D. 1, and be placed on the calendar for Third Reading.