Hawaii 2024 Regular Session

Hawaii House Bill HB1965

Introduced
1/22/24  
Refer
1/24/24  
Introduced
1/22/24  

Caption

Relating To Abusive Litigation.

Impact

The bill empowers courts to dismiss cases that are found to primarily serve abusive purposes, thereby providing a mechanism to combat litigation that harms individuals rather than seeking justice. Provisions include the ability to impose sanctions on individuals who engage in abusive litigation, which may involve compensatory awards to victims covering costs incurred while defending against such litigation. The introduction of these measures represents a significant shift towards prioritizing the safety and well-being of victims in the family court system.

Summary

House Bill 1965 seeks to address the misuse of court proceedings by individuals who engage in abusive behaviors towards their intimate partners. The bill recognizes that abusers often exploit the legal system to control, harass, or intimidate their victims, extending the trauma long after the relationship has ended. By implementing stricter definitions and provisions, the bill aims to prevent such abusive litigation by recognizing it as a distinct form of legal malpractice.

Contention

While proponents argue that the bill is a necessary step in protecting victims of domestic violence and other abuses, there are concerns about its potential misuse. Critics suggest that the definitions and procedures might be vulnerable to exploitation by disingenuous parties seeking to evade legitimate legal responsibilities. Striking the balance between protecting victims and ensuring fair judicial processes will be an ongoing debate as the bill progresses through the legislative process.

Companion Bills

HI SB2604

Same As Relating To Abusive Litigation.

Previously Filed As

HI SB2604

Relating To Abusive Litigation.

HI SB2685

Relating To Abusive Litigation.

HI HB2657

Relating To Abusive Litigation.

HI H5883

Abusive Litigation

HI S0604

Courts -- Abusive Litigation

HI S0028

An act relating to abusive litigation filed against survivors of domestic abuse, stalking, or sexual assault

HI H0045

An act relating to abusive litigation filed against survivors of domestic abuse, stalking, or sexual assault

HI HB1533

Protecting survivors of domestic abuse from abusive litigation.

HI SB2395

Relating To Coercive Control.

HI S4095

Establishes protections from abusive and controlling litigation for victims of domestic violence.

Similar Bills

HI SB2604

Relating To Abusive Litigation.

CA SB10

Planning and zoning: housing development: density.

HI HB2657

Relating To Abusive Litigation.

HI SB2685

Relating To Abusive Litigation.

AZ SB1397

Dental board; applicant exams; fees

CA SB478

Planning and Zoning Law: housing development projects.

CA AB721

Covenants and restrictions: affordable housing.

RI S0604

Courts -- Abusive Litigation