Report Title:

Protective orders

 

Description:

Allows for protective orders and TRO's to prevent sexual contact between minor children and other persons.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1330

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to protective orders.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that some teenagers ignore their parents' advice and counsel and consort with older individuals in romantic or sexual relationships. For parents and legal guardians to fulfill their roles as protectors of their minor children, parents may sometimes need assistance from the courts when they are unable to control their children through persuasion or normal disciplinary methods.

The purpose of this Act is to provide a legal mechanism by which parents and legal guardians can be empowered to take control of their child's upbringing in a manner consistent with the long-standing legal tradition of their right to control their minor child's actions and associations.

SECTION 2. Chapter 577, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§577- Order for protection. (a) There shall exist an action known as a petition for an order for protection in cases where a minor's parent or guardian has reason to believe that the minor is engaging in sexual contact with another person.

(b) A petition for relief under this chapter may be made by:

(1) Any parent or legal guardian on the parent's or legal guardian's own behalf or any person on behalf of a parent or legal guardian who is incapacitated as defined in section 560:5-101(2) or who is physically unable to go to the appropriate place to complete or file the petition; or

(2) Any state agency on behalf of a parent or legal guardian who is incapacitated as defined in section 560:5-101(2) or who is physically unable to go to the appropriate place to complete or file the petition on behalf of that person.

(c) A petition for relief shall be in writing upon forms provided by the court and shall allege, under penalty of perjury, that:

(1) There is reason to believe that the minor child of the parent or legal guardian is engaging in sexual contact, as defined in section 707-700, with another person at least five years older than the minor child, and that reasonable efforts to prevent future occurrences of sexual contact have failed; and

(2) Be accompanied by an affidavit made under oath or a statement made under penalty of perjury stating the specific facts and circumstances from which relief is sought.

(d) The family court shall designate an employee or appropriate nonjudicial agency to assist the person in completing the petition.

§577- Temporary restraining order. (a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted without notice to restrain the person having sexual contact with the minor child from contacting the minor child. The order may be granted to any person who, at the time the order is granted, is a parent or legal guardian or who filed a petition on behalf of a parent or legal guardian. The order shall enjoin the respondent or person to be restrained from performing any combination of the following acts:

(1) Contacting, threatening, or physically abusing the protected party;

(2) Contacting, threatening, or physically abusing any person residing at the protected party's residence; or

(3) Entering or visiting the protected party's residence.

(b) The family court judge may issue the ex parte temporary restraining order orally, if the person being restrained is present in court. The order shall state that there is probable cause to believe that a past act of sexual contact as defined by section 707-700 has occurred between the minor child and the person being restrained, and that the person being restrained is at least 5 years older than the minor child. The order further shall state that the temporary restraining order is necessary for the purposes of:

(1) Preventing acts of sexual contact; or

(2) A recurrence of actual sexual activities.

(c) When a temporary restraining order is granted and the respondent or person to be restrained knows of the order, a knowing or intentional violation of the restraining order shall be deemed criminal contempt.

(d) Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.

(e) The court may suspend any jail sentence upon the condition that the defendant remain alcohol and drug-free, conviction-free, or complete court-ordered assessments or intervention. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for criminal contempt.

(f) Unless otherwise ordered by the court, a temporary restraining order granted pursuant to this section shall be effective until the minor child reaches the age of majority."

SECTION 4. New statutory material is underscored.

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

INTRODUCED BY:

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