STAND. COM. REP. NO. 1617

Honolulu, Hawaii

, 2005

RE: H.B. No. 1378

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1378, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE JUDICIARY,"

begs leave to report as follows:

The purpose of this measure is to improve the laws governing the issuance of temporary restraining orders and protective orders in Family Court proceedings.

Specifically, this measure:

(1) Mandates the disclosure of a pending divorce, separation, annulment, maintenance, or any other Family Court proceeding on a petition for a temporary restraining order or protective order;

(2) Permits a petition for a temporary restraining order or protective order to be filed in an ongoing divorce or child custody proceeding between the parties and that any finding of fact or ruling made in connection with granting or denying a temporary restraining order or protective order shall not be res judicata or collateral estoppel in a subsequent proceeding between the parties;

(4) Permits a court to allow supervised visitation of children shared by the petitioner and respondent even after a temporary restraining order petition has been granted, provided that the children are not named in the temporary restraining order petition and visitation is in the children's best interests; and

(5) Requires a Family Court judge to include a concise written statement providing a factual basis for issuing the temporary restraining order.

Your Committee has amended this measure by:

(1) Specifying that the factual findings and rulings made in conjunction with the issuance of a temporary restraining order or protective order shall not be binding in any other Family Court proceedings and that the facts and circumstances alleged in the temporary restraining order or protective order proceeding shall be given de novo consideration in making subsequent determinations regarding child custody and visitation;

(2) Substituting the phrase "domestic abuse" for "physical abuse" in section 586-3, Hawaii Revised Statutes, to be consistent with the definitions in section 586-1, Hawaii Revised Statutes;

(3) Substituting the phrase "physical abuse" for the word "abuse" in section 586-4(c), Hawaii Revised Statutes, to be consistent with the terminology used in section 586-4(a), Hawaii Revised Statutes; and

(4) Making technical nonsubstantive changes for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1378, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1378, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair