Report Title:
Service of Process; Protective and Temporary Restraining Orders
Description:
Allows a court to order substituted service of protective and temporary restraining orders if the court finds that the respondent has been deliberately avoiding personal service.
|
THE SENATE |
S.B. NO. |
672 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SERVICE OF COURT ORDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 586-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any order issued under this chapter
shall [either] be personally served upon the respondent, or served by
certified mail, unless the respondent was present at the hearing in which case
the respondent shall be deemed to have notice of the order[.];
provided that the court may order an appropriate substituted means of service
of process if the court finds by clear and convincing evidence that the person
named is avoiding personal service or service by certified mail. A filed
copy of each order issued under this chapter shall be served by regular mail
upon the chief of police of each county."
SECTION 2. Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) A temporary restraining order that is granted under this section shall remain in effect at the discretion of the court for a period not to exceed ninety days from the date the order is granted. A hearing on the petition to enjoin harassment shall be held within fifteen days after the temporary restraining order is granted. In the event that service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing; provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted.
The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment. The court shall receive all evidence that is relevant at the hearing, and may make independent inquiry.
If the court finds by clear and convincing evidence that harassment as defined in paragraph (1) of that definition exists, it may enjoin for no more than three years further harassment of the petitioner, or that harassment as defined in paragraph (2) of that definition exists, it shall enjoin for no more than three years further harassment of the petitioner; provided that this paragraph shall not prohibit the court from issuing other injunctions against the named parties even if the time to which the injunction applies exceeds a total of three years.
Any order issued under this section shall be
served upon the respondent. For the purposes of this section,
"served" shall mean actual personal service, service by certified
mail or proof that the respondent was present at the hearing in which the court
orally issued the injunction[.]; provided that the court may order an
appropriate substituted means of service of process if the court finds by clear
and convincing evidence that the person named is avoiding personal service or
service by certified mail.
Where service of a restraining order or injunction has been made or where the respondent is deemed to have received notice of a restraining order or injunction order, any knowing or intentional violation of the restraining order or injunction order shall subject the respondent to the provisions in subsection (h).
Any order issued shall be transmitted to the chief of police of the county in which the order is issued by way of regular mail, facsimile transmission, or other similar means of transmission."
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|