571-14 Jurisdiction; adults. (a) Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction:

(1) To try any offense committed against a child by the child's parent or guardian or by any other person having the child's legal or physical custody, and any violation of section 707-726, 707-727, 709-902, 709-903, 709-903.5, 709-904, 709-905, 709-906, or 302A-1135, whether or not included in other provisions of this paragraph or paragraph (2);

(2) To try any adult charged with:

(A) Deserting, abandoning, or failing to provide support for any person in violation of law;

(B) An offense, other than a felony, against the person of the defendant's husband or wife;

(C) Any violation of an order issued pursuant to chapter 586; or

(D) Any violation of an order issued by a family court judge.

In any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged;

(3) In all proceedings under chapter 580, and in all proceedings under chapter 584;

(4) In proceedings under chapter 575, the Uniform Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate Family Support Act;

(5) For commitment of an adult alleged to be mentally defective or mentally ill;

(6) In all proceedings for support between parent and child or between husband and wife;

(7) In all proceedings for pre-trial detention or waiver of jurisdiction over an adult who was a child at the time of an alleged criminal act as provided in section 571-13 or 571-22;

(8) In all proceedings under chapter 586, Domestic Abuse Protective Orders; and

(9) For the protection of vulnerable adults under chapter 346, part X.

In any case within paragraph (3), (4), or (6), the attorney general, through the child support enforcement agency, may exercise concurrent jurisdiction as provided in chapter 576E.

(b) The court shall have concurrent jurisdiction with the district court over violations of sections 707-712, 707-717, 707-722, 708-822, 708-823, 710-1010.5, 711-1106, and 711-1106.5 when multiple offenses are charged through complaint or indictment and at least one offense is a violation of an order issued pursuant to chapter 586 or a violation of section 709-906.

(c) The court shall have concurrent jurisdiction with the circuit court over violations of section 711-1106.4.

[(d)] The court shall have concurrent jurisdiction with the circuit court in all proceedings to appoint a guardian of an adult. [L 1965, c 232, pt of 1; Supp, 333-11; am L 1967, c 56, 2; HRS 571-14; am L 1973, c 211, 1(1); am L 1976, c 85, 6; am L 1980, c 232, 27; am L 1982, c 238, 2; am L 1983, c 79, 1; am L 1984, c 50, 1; am L 1986, c 285, 1; am L 1988, c 154, 3; am L 1989, c 61, 1 and c 381, 3; am L 1992, c 86, 1; am L 1996, c 89, 17; am L 1997, c 295, 2; am L 1998, c 64, 1 and c 190, 4; am L 2002, c 9, 1; am L 2004, c 18, 1 and c 161, 30; am L 2008, c 154, 26]

 

Cross References

 

Commitment, see chapters 333F and 334.

Guardianship, see chapter 560, article V.

 

Case Notes

 

Even assuming that, for purposes of this section, defendant did not have physical custody of complainant during the times of the alleged offenses, and the family court was, therefore, without jurisdiction over those counts of the indictment, the judge, in the judge's capacity as a circuit court judge, properly exercised jurisdiction over those counts under 571-4. 103 H. 214, 81 P.3d 394 (2003).

The fact that defendant was a "family or household member" for purposes of 709-906 did not satisfy paragraph (1)'s subject matter jurisdiction factual criteria because a "family or household member" is not by that fact "the child's parent or guardian or any other person having the child's legal or physical custody". 77 H. 260 (App.), 883 P.2d 682 (1994).

The question whether defendant had legal or physical custody of stepdaughter was subject matter jurisdictional question of fact for court to decide, not an essential element of the alleged offense for the jury to decide. 77 H. 260 (App.), 883 P.2d 682 (1994).

No equal protection violation for use of preponderance of evidence standard of proof for 586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404 (1997).

Under paragraph (8) and 571-42, family court is vested with exclusive jurisdiction over chapter 586 proceedings and applicable standard of proof to be applied in those proceedings is preponderance of the evidence. 85 H. 197 (App.), 940 P.2d 404 (1997).

Where family court did not have subject matter jurisdiction under this section, charge of harassment against defendant husband remanded for dismissal. 98 H. 287 (App.), 47 P.3d 754 (2002).

 

 

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