THE SENATE	S.B. NO.	3060
TWENTY-EIGHTH LEGISLATURE, 2016
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.  Section 586-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  [A] Except as provided in section 586-5.5(b), 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 one hundred eighty days from the date the order is granted or until the effective date, as defined in section 586-5.6, of a protective order issued by the court, whichever occurs first."

     SECTION 2.  Section 586-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A protective order may be extended for such further fixed reasonable period as the court deems appropriate.  Upon application by a person or agency capable of petitioning under section 586-3, the court shall [hold a hearing to determine whether the protective order should be extended.  In making a determination, the court shall consider evidence of abuse and threats of abuse that occurred prior to the initial restraining order and whether good cause exists to extend the protective order.], authorize, without a hearing, an extension of the protective order for the amount of time requested in the application up to a maximum of twenty-four months.

     The extended protective order may include all orders stated in the preceding restraining order and may provide such further relief as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation and custody with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention services.  The court may terminate the extended protective order at any time with the mutual consent of the parties."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Domestic Violence; Temporary Restraining Order; Extension

Description:

Requires the court, without a hearing, to grant an extension of a temporary protective order for up to twenty-four months when an authorized party applies for an extension.

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