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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2796 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DOMESTIC ABUSE ORDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 586-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A temporary restraining order
granted pursuant to this chapter 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[.] or until the personal service of a protective order issued
by the court, whichever event shall first occur."
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 if a protective order is granted orally without
the presence of the respondent, then the order shall be effective as of the
date the protective order is served on the respondent; provided further
that all oral protective orders shall be reduced to writing and issued
forthwith. The judiciary shall provide forms [which] that 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 Statutory material to be repealed is bracketed and stricken.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 on December 21, 2058.
Report Title:
Domestic Abuse Orders
Description:
Authorizes a temporary restraining order to remain in effect for 90 days or until the personal service of a protective order is issued by the court, whichever occurs first. Provides for protective orders issued orally in court to be effective upon service of the respondent if the respondent is not present at the hearing for the protective order. Effective December 21, 2058. (HB2796 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.