Clarifies that attempts to perform acts enjoined by a temporary restraining order are violations of the order. Provides that orally granted protective orders are effective as of the hearing date, if all parties are present in court, or upon personal service or receipt of order by respondent by certified mail.

A BILL FOR AN ACT

SECTION 1. Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted without notice to restrain either or both parties from contacting, threatening, or physically abusing each other, notwithstanding that a complaint for annulment, divorce, or separation has not been filed. The order may be granted to any person who, at the time the order is granted, is a family or household member as defined in section 586-1 or who filed a petition on behalf of a family or household member. The order shall enjoin the respondent or person to be restrained from performing or attempting to perform any combination of the following acts:

(3) Entering or visiting the protected party's residence."

SECTION 2. Section 586-5.6, Hawaii Revised Statutes, is amended to read as follows:

"§586-5.6 Effective date. The temporary restraining order shall be effective as of the date of signing and filing; provided that if a temporary restraining order is granted orally in the presence of all the parties and the court determines that each of the parties understands the order and its conditions, if any, then the order shall be effective as of the date it is orally stated on the record by the court until further order of the court. [Protective orders orally stated by the court on the record shall be effective as of the date of the hearing until further order of the court; provided that all oral protective orders shall be reduced to writing and issued forthwith.] A protective order shall be effective as of the date of the hearing until further order of the court when the protective order is granted orally in the presence of all the parties and the court determines that each of the parties understands the order and its conditions, if any; and provided further that all oral protective orders shall be reduced to writing and issued forthwith. If a protective order is granted without the presence of all the parties, then the protective order shall be effective upon personal service of the written order upon the respondent or upon receipt by the respondent of the written order by certified mail. The judiciary shall provide forms which will enable the court to issue all temporary restraining orders forthwith."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.