HOUSE OF REPRESENTATIVES

H.B. NO.

752

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

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. Section 586-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]586-2[]] Court jurisdiction. An application for relief under this chapter may be filed in any family court in the circuit in which [the]:

(1) The petitioner resides[.] or is temporarily located;

(2) The respondent resides;

(3) The subject of the petition, a petitioner's family or household member who is a minor or who is an incapacitated person as defined in section 560:5-102 or who is physically unable to go to the appropriate place to complete or file the petition, resides or is temporarily located; or

(4) The domestic abuse, as defined by section 586-1, occurred.

(b) Actions under this chapter shall be given docket priorities by the court."

SECTION 2. Section 604-10.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who has been subjected to harassment may petition the district court [of the district in which the petitioner resides] for a temporary restraining order and an injunction from further harassment[.] in the district in which:

(1) The petitioner resides or is temporarily located;

(2) The respondent resides; or

(3) The harassment occurred."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

 


 


 

Report Title:

Domestic Abuse Protective Orders; Nonresidents; Harassment; Temporary Restraining Orders

 

Description:

Expands the jurisdiction for a petition for a domestic abuse protective order to be in the family court in which the nonresident is located; the respondent resides; the subject of a petition that is a minor, incapacitated person, or person who is physically unable to go to the appropriate place; or the domestic abuse occurred. Expands the jurisdiction for petitions for temporary restraining orders due to harassment to be in the district court in which the nonresident is located; the respondent resides; or the harassment occurred. (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.