SB1086 SD1.DOC

THE SENATE	S.B. NO.	1086
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PET ANIMALS.

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

SECTION 1. Section 586-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Pet animal" shall have the same meaning as in section 710-1100."

SECTION 2. Section 586-4, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(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 any combination of the following acts:

(1) Contacting, threatening, or physically abusing the protected party;

(2) Contacting, threatening, or physically abusing any person residing at the protected party's residence; or

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

The ex parte temporary restraining order may grant exclusive care of a pet animal to a party to enjoin the respondent or person to be restrained from visiting, taking, concealing, threatening, physically abusing, or otherwise disposing of any pet animal whose exclusive care has been granted to the protected party."

2. By amending subsection (c) to read:

"(c) The family court judge may issue the ex parte temporary restraining order orally, if the person being restrained is present in court. The order shall state that there is probable cause to believe that a past act or acts of abuse have occurred, or that threats of abuse make it probable that acts of abuse may be imminent. The order further shall state that the temporary restraining order is necessary for the purposes of: preventing acts of abuse or preventing a recurrence of actual domestic abuse; and ensuring a period of separation of the parties involved. The order shall also describe in reasonable detail the act or acts sought to be restrained. Where necessary, the order may require either or both of the parties involved to leave the premises during the period of the order, and also may restrain the party or parties to whom it is directed from contacting, threatening, or physically abusing the applicant's family or household members[.], or from visiting, taking, concealing, threatening, physically abusing, or otherwise disposing of a pet animal that is in the exclusive care of the protected party. The order shall not only be binding upon the parties to the action, but also upon their officers, agents, servants, employees, attorneys, or any other persons in active concert or participation with them. The order shall enjoin the respondent or person to be restrained from performing any combination of the following acts:

(1) Contacting, threatening, or physically abusing the protected party;

(2) Contacting, threatening, or physically abusing any person residing at the protected party's residence; [or]

(3) Entering or visiting the protected party's residence[.]; or

(4) Visiting, taking, concealing, threatening, physically abusing, or otherwise disposing of a pet animal that is in the exclusive care of the protected party."

3. By amending subsection (f) to read:

"(f) Any fines collected pursuant to subsection [[](e)[]] shall be deposited into the spouse and child abuse special account established under section 601-3.6."

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

SECTION 4. This Act shall take effect on July 1, 2050.