Hawaii Senate Bill SCR54

Hawaii 2022 Regular Session

• Introduced: 3/10/22
• Refer: 3/11/22

Caption

Requesting The Judiciary To Permanently Provide An Option Allowing Petitioners Of Temporary Restraining Orders To Remotely Testify For Those Hearings.

Impact

The resolution is rooted in the alarming increase in gender-based violence observed during the pandemic, with domestic violence-related helplines reporting a significant surge in calls for help. By allowing petitioners to present their cases remotely, SCR54 recognizes the adversarial nature of court proceedings and the need for a victim-centered approach. This initiative is expected to encourage more victims to seek protection without the fear of facing their abusers directly, while still ensuring that the constitutional rights of defendants are upheld.

Summary

Senate Concurrent Resolution 54 (SCR54) aims to improve the judicial process for victims of domestic violence seeking temporary restraining orders (TROs) in Hawaii. The bill proposes a permanent option for petitioners to testify remotely during TRO hearings, which was initially implemented as a response to the constraints imposed by the COVID-19 pandemic. This change is designed to create a safer and less intimidating environment for survivors who would otherwise be compelled to confront their alleged abusers in court, potentially causing further psychological harm.

Contention

While there is considerable support for SCR54, some concerns might arise around the implementation of remote testimony. Critics could argue about the adequacy of remote hearings in ensuring a fair trial, particularly regarding the defendant's right to confront witnesses. Furthermore, the bill emphasizes the establishment of specific parameters for remote testimony, especially for those with conditions like post-traumatic stress disorder, which may also raise logistical questions about how such standards will be enforced and monitored.