SB67 HD1

Report Title:

Modification of Protective Orders

 

Description:

Allows the court to deny, without a hearing, motions to dismiss or to modify terms of existing protective orders. (SB67 HD1)

THE SENATE	S.B. NO.	67
TWENTY-FIRST LEGISLATURE, 2001		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS.

 

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

SECTION 1. Section 586-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§586-9[]] Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. The court may deny, without hearing, a motion to dismiss or to modify the terms of an existing order for protection if the motion, on its face, does not allege facts sufficient to establish a material change in the circumstances of the parties since the issuance or last modification of the order."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.