Temporary Restraining Order

Clarifies the basis for granting a temporary restraining order.
Increases the duration of a temporary restraining order. (HB177

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1

                     A BILL FOR AN ACT



 1      SECTION 1.  Section 604-10.5, Hawaii Revised Statutes, is
 2 amended by amending subsections (d), (e), and (f) to read as
 3 follows:
 4      "(d)  A petition for relief from harassment shall be in
 5 writing and shall allege that a [recent] past act or acts of
 6 harassment may have occurred, or that threats of harassment make
 7 it probable that acts of harassment may be imminent; and shall be
 8 accompanied by an affidavit made under oath or statement made
 9 under penalty of perjury stating the specific facts and
10 circumstances from which relief is sought.
11      (e)  Upon petition to a district court under this section,
12 the court may temporarily restrain [for a period of fifteen
13 days,] the person or persons named in the petition from harassing
14 the petitioner [if the alleged harassment has caused the
15 petitioner substantial emotional distress.] upon a determination
16 that there is probable cause to believe that a past act or acts
17 of harassment have occurred or that a threat or threats of
18 harassment may be imminent.  The court may issue an ex parte
19 temporary restraining order either in writing or orally[,];
20 provided that oral orders shall be reduced to writing by the

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 1 close of the next court day following oral issuance.
 2      (f)  A temporary restraining order that is granted under
 3 this section shall remain in effect at the discretion of the
 4 court for a period not to exceed ninety days from the date the
 5 order is granted.  A hearing on the petition to enjoin harassment
 6 shall be held within fifteen days after [it is filed.] the
 7 temporary restraining order is granted.  In the event that
 8 service of the temporary restraining order has not been effected
 9 before the date of the hearing on the petition to enjoin, the
10 court may set a new date for the hearing; provided that the new
11 date shall not exceed ninety days from the date the temporary
12 restraining order was granted.
13      The parties named in the petition may file or give oral
14 responses explaining, excusing, justifying, or denying the
15 alleged act or acts of harassment.  The court shall receive
16 [such] all evidence [as] that is relevant at the hearing, and may
17 make independent inquiry.
18      If the court finds by clear and convincing evidence that
19 harassment as defined in paragraph (1) of that definition exists,
20 it may enjoin for no more than three years further harassment of
21 the petitioner, or that harassment as defined in paragraph (2) of
22 that definition exists, it shall enjoin for no more than three
23 years further harassment of the petitioner; provided that this

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 1 paragraph shall not prohibit the court from issuing other
 2 injunctions against the named parties even if the time to which
 3 the injunction applies exceeds a total of three years.
 4      Any order issued under this [subsection] section shall be
 5 served upon the respondent.  For the purposes of this section,
 6 "served" shall mean actual personal service, service by certified
 7 mail, or proof that the respondent was present at the hearing in
 8 which the court orally issued the injunction.
 9      Where service of a restraining order or injunction has been
10 made or where the respondent is deemed to have received notice of
11 a restraining order or injunction order, any knowing or
12 intentional violation of the restraining order or injunction
13 order shall subject the respondent to the provisions in
14 subsection (h).
15      Any order issued shall be [served by regular mail upon]
16 transmitted to the chief of police of [each] the county[.] in
17 which the order is issued by way of regular mail, facsimile
18 transmission, or other similar means of transmission."
19      SECTION 2.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 3.  This Act shall take effect on July 1, 1999.