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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1283 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FAMILY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
(b) A mediator who receives a
referral or order from a court to conduct mediation shall screen for the
occurrence of domestic abuse between the parties. A mediator shall not engage in mediation when
it appears to the mediator, or when either party asserts, that domestic abuse
has occurred, unless:
(1) Mediation is authorized by the
alleged victim of the domestic abuse;
(2) Mediation is provided, in a
specialized manner that protects the safety of the alleged victim, by a
mediator who is trained in the field of domestic abuse; and
(3) The alleged victim may have in
attendance at mediation a supporting person of the alleged victim's choice,
including but not limited to an attorney or advocate. If the alleged victim chooses to exercise this
option, any other party to the mediation may have in attendance at mediation a
supporting person of that party's choice, including but not limited to an
attorney or advocate.
(c) The court shall not require a
party alleging domestic abuse to participate in any component of any mediation
program against the wishes of that party if a temporary restraining order or a
protective order is in effect with regard to the parties.
(d) If a party has alleged
domestic abuse and a temporary restraining order or a protective order is not
in effect with regard to the parties, the court may order mediation or refer
either party to mediation only if:
(1) Mediation is authorized by the
alleged victim of the domestic abuse;
(2) Mediation is provided, in a
specialized manner that protects the safety of the alleged victim, by a
mediator who is trained in the field of domestic abuse; and
(3) The alleged victim may have in
attendance at mediation a supporting person of the alleged victim's choice,
including but not limited to an attorney or advocate. If the alleged victim
chooses to exercise this option, any other party to the mediation may have in
attendance at mediation a supporting person of that party's choice, including
but not limited to an attorney or advocate.
(e) As used in this section,
"domestic abuse" has the same meaning as in section 586-1."
SECTION 2. Section 580-41.5, Hawaii Revised Statutes, is amended to read as follows:
"§580-41.5
[Battered spouses;] Domestic abuse; exemption from
mediation in divorce proceedings.
(a) In contested divorce
proceedings where there are allegations of [spousal] domestic
abuse, the court shall not require a party alleging the [spousal] domestic
abuse to participate in any component of any mediation program against the
wishes of that party.
(b) A mediator who receives a referral or order
from a court to conduct mediation shall screen for the occurrence of [family
violence] domestic abuse between the parties. A mediator shall not engage in mediation when
it appears to the mediator, or when either party asserts, that [family
violence] domestic abuse has occurred, unless:
(1) Mediation is authorized by the alleged
victim of the [alleged family violence;] domestic abuse;
(2) Mediation is provided, in a specialized
manner that protects the safety of the alleged victim, by a
mediator who is trained in [family violence;] the field of domestic
abuse; and
(3) The alleged victim [is permitted to]
may have in attendance at mediation[,] a supporting person of the
alleged victim's choice, including but not limited to an attorney
or advocate. If the alleged
victim chooses to exercise [such] this option, any other party to
the mediation [will be permitted to] may have in attendance at
mediation[,] a supporting person of [the] that party's
choice, including but not limited to an attorney or advocate.
(c) In a proceeding concerning the custody or
visitation of a child, if a temporary restraining order or a protective
order is in effect[,] with regard to the parties, the court shall
not require a party alleging [family violence] domestic abuse to
participate in any component of any mediation program against the wishes of
that party.
(d) In a proceeding concerning the custody or
visitation of a child, if [there is an allegation of family violence] a
party has alleged domestic abuse and a temporary restraining order or a
protective order is not in effect[,] with regard to the parties,
the court may order mediation or refer either party to mediation only if:
(1) Mediation is authorized by the alleged
victim of the [alleged family violence;] domestic abuse;
(2) Mediation is provided, in a specialized
manner that protects the safety of the alleged victim, by a
mediator who is trained in [family violence;] the field of domestic
abuse; and
(3) The alleged victim [is permitted to]
may have in attendance at mediation[,] a supporting person of the
alleged victim's choice, including but not limited to an attorney
or advocate. If the alleged
victim chooses to exercise [such] this option, any other party to
the mediation [will be permitted to] may have in attendance at
mediation[,] a supporting person of [the] that party's
choice, including but not limited to an attorney or advocate.
(e) As used in this section, "domestic abuse" has the same meaning as in section 586-1."
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 on July 1, 3000.
Report Title:
Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation
Description:
Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.