| 47 | | - | SECTION 1. The legislature finds that in households with abuse between parents, children who witness the abuse are also victims despite not being physically harmed. These children have a higher risk for long-term physical and mental health problems. They have a greater risk of experiencing anxiety and depression, and exhibiting violence in a future relationship. These children are also more likely to externalize behaviors such as fighting, bullying, lying, or cheating. They are also more disobedient at home and at school, and are more likely to have social competence problems, such as poor school performance and difficulty in relationships with others. Furthermore, children who witness domestic violence are more likely to resolve conflict by using violence. The purpose of this Act is to clarify that minors who reside in the same household as the victim of domestic abuse will not be compelled by the court to demonstrate that they are a victim of domestic abuse to be named a protected party in an order of protection or a temporary restraining order. SECTION 2. Section 586-1, Hawaii Revised Statutes, is amended by amending the definition of "domestic abuse" to read as follows: ""Domestic abuse" means: (1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse, coercive control, or malicious property damage between family or household members; [or] (2) Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member[.]; or (3) Any of the acts under paragraphs (1) or (2) committed in a household where a minor resides." SECTION 3. Section 586-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) A petition for relief shall be in writing upon forms provided by the court and shall allege, under penalty of perjury, that: a past act or acts of abuse may have occurred; threats of abuse make it probable that acts of abuse may be imminent; or extreme psychological abuse or malicious property damage is imminent; and 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. The court shall not require a minor to demonstrate that the minor was the victim of the domestic abuse if the petition alleges that the minor resided in the same household as the victim of the domestic abuse." SECTION 4. Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted without notice to restrain either or both parties from contacting, threatening, or physically abusing each other, notwithstanding that a complaint for annulment, divorce, or separation has not been filed. The order may be granted to any person who, at the time the order is granted, is a family or household member as defined in section 586-1 or who filed a petition on behalf of a family or household member[.], including a minor who was not the victim of the domestic abuse but resided in the same household as the victim of the domestic abuse. 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. The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The legislature finds that in households with abuse between parents, children who witness the abuse are also victims despite not being physically harmed. These children have a higher risk for long-term physical and mental health problems. They have a greater risk of experiencing anxiety, experiencing depression, and exhibiting violence in a future relationship. Those children also more likely to externalize behaviors such as fighting, bullying, lying, or cheating. They also are more disobedient at home and at school, and are more likely to have social competence problems, such as poor school performance and difficulty in relationships with others. Children who witness domestic violence also are also more likely to resolve conflict by using violence. The purpose of this Act is to clarify that minors who reside in the same household as the victim of domestic abuse have standing to file a petition for an order of protection or a temporary restraining order. SECTION 2. Section 586-1, Hawaii Revised Statutes, is amended by amending the definition of "domestic abuse" to read as follows: ""Domestic abuse" means: (1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse, coercive control, or malicious property damage between family or household members; [or] (2) Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member[.]; or (3) Any of the acts under paragraphs (1) or (2) committed in a household where a minor resides." SECTION 3. Section 586-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) A petition for relief shall be in writing upon forms provided by the court and shall allege, under penalty of perjury, that: a past act or acts of abuse may have occurred; threats of abuse make it probable that acts of abuse may be imminent; or extreme psychological abuse or malicious property damage is imminent; and 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. The court shall not require a complainant who is a minor to demonstrate that the minor was the victim of the domestic abuse if the petition alleges that the minor resided in the same household as the victim of the domestic abuse." SECTION 4. Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted without notice to restrain either or both parties from contacting, threatening, or physically abusing each other, notwithstanding that a complaint for annulment, divorce, or separation has not been filed. The order may be granted to any person who, at the time the order is granted, is a family or household member as defined in section 586-1 or who filed a petition on behalf of a family or household member[.], including a minor who was not the victim of the domestic abuse but resided in the same household as the victim of the domestic abuse. 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. The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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