586-5 Period of order; hearing. (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 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.

(b) On the earliest date that the business of the court will permit, but no later than fifteen days from the date the temporary restraining order is granted, the court, after giving due notice to all parties, shall hold a hearing on the application requiring cause to be shown why the order should not continue. In the event that service has not been effected, the court may set a new date for the hearing; provided that the date shall not exceed ninety days from the date the temporary restraining order was granted. All parties shall be present at the hearing and may be represented by counsel.

The protective order may include all orders stated in the temporary restraining order and may provide further relief, as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention. [L 1982, c 123, pt of 2; am L 1983, c 186, 1; am L 1987, c 315, 3; am L 1992, c 290, 3; am L 1998, c 172, 3; am L 2011, c 85, 1]

 

Case Notes

 

Hawaii violation for breach of a protective order is not similar to contempt of court for sentencing purposes. 631 F.3d 1021 (2011).

The constitutional right to discipline is inherent in the right to care, custody, and control of one's children; due process requires the State provide meaningful standards to guide the application of its laws; the appropriate standard for family courts to apply in contested chapter 586 show cause hearings is whether the parent's discipline is reasonably related to the purpose of safeguarding or promoting the welfare of the minor; in applying such a standard, circumstances, including factors such as the nature of the misbehavior, the child's age and size, and nature and propriety of the force used, should also guide the courts in this State. 126 H. 294, 270 P.3d 1024 (2012).

Although the fifteen-day time period for holding a show-cause hearing in subsection (b) is directory, the fifteen-day time period is not permissive, and the family court is obligated to hold a show-cause hearing on a temporary restraining order (TRO) within fifteen days from the date the TRO is granted (where service has been effected) unless there is a substantial reason amounting to good cause for a delay. 122 H. 485 (App.), 228 P.3d 365 (2010).

Subsection (b)'s fifteen-day time period for holding a show-cause hearing is directory; thus, subsection (b) did not compel dissolution of the temporary restraining order (TRO) against respondent and the family court erred in ruling that subsection (b) required the dissolution of the TRO against respondent because a show-cause hearing was not held within fifteen days of the issuance of the TRO. 122 H. 485 (App.), 228 P.3d 365 (2010).

 

 

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