Report Title:

Protective Order; Burden of proof

Description:

Establishes the burden of proof for a protective order to be clear and convincing; and authorizes the court to issue mutual protective orders if the burden of proof is not met where there is evidence of domestic abuse.

HOUSE OF REPRESENTATIVES

H.B. NO.

1486

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to courts.

 

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

SECTION 1. Section 586-5.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If, after hearing all relevant evidence, the court finds that the respondent has failed to show cause why the order should not be continued and that the movant has demonstrated, with clear and convincing evidence, that a protective order is necessary to prevent domestic abuse or a recurrence of abuse, the court may order that a protective order be issued for a further fixed reasonable period as the court deems appropriate.

If the movant has not met the clear and convincing burden of proof, but the relevant evidence shows domestic abuse of either party may be an issue, the court may enter mutual protective orders to protect both parties. The mutual protective orders need not be identical, but shall be consistent, and the court shall issue two protective orders under the same case number, with the movant as the plaintiff in the first order and the respondent as the plaintiff in the second order.

The protective order may include all orders stated in the temporary restraining order and may provide for further relief as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation and custody with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention services. If the court finds that the party meets the requirements under section 334-59(a)(2), the court further may order that the party be taken to the nearest facility for emergency examination and treatment."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________