Report Title:

Domestic Violence; Trial Witness Protective Order

Description:

In a case where a complaint, indictment, or information charging a crime of domestic abuse has been filed, authorizes a court to issue a restraining order upon a good cause belief, including results of a criminal history search, that harm to the victim or a witness has occurred or is reasonably likely to occur.

HOUSE OF REPRESENTATIVES	H.B. NO.	1649
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to domestic violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 586, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§586-   Domestic abuse charge; victim or witness protective order. (a)  In any case in which a complaint, information, or indictment charging a crime of domestic abuse has been filed, a protective order may be issued by the court upon a good cause belief that harm to or intimidation or dissuasion of a victim or witness in the case has occurred or is reasonably likely to occur.

(b)  A petition for relief under this section shall be in writing upon forms provided by the court.

(c)  In determining whether good cause exists to issue an order for protection under this section, the court may consider the underlying nature of the offense charged and the defendant's history, including but not limited to prior convictions for domestic violence, other forms of violence or weapons offenses, and any current protective or restraining order issued by any civil or criminal court."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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