§571-14 - Jurisdiction; adults.

§571-14 Jurisdiction; adults. (a) Except
as provided in sections 603-21.5 and 604-8, the court shall have exclusive
original jurisdiction:

(1) To try any offense committed against a child by
the child's parent or guardian or by any other person having the child's legal
or physical custody, and any violation of section 707-726, 707-727, 709-902,
709-903, 709-903.5, 709-904, 709-905, 709-906, or 302A-1135, whether or not
included in other provisions of this paragraph or paragraph (2);

(2) To try any adult charged with:

(A) Deserting, abandoning, or failing to
provide support for any person in violation of law;

(B) An offense, other than a felony, against
the person of the defendant's husband or wife;

(D) Any violation of an order issued by a
family court judge.

In
any case within paragraph (1) or (2), the court, in its discretion, may waive
its jurisdiction over the offense charged;

(3) In all proceedings under chapter 580, and in all
proceedings under chapter 584;

(4) In proceedings under chapter 575, the Uniform
Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate
Family Support Act;

(5) For commitment of an adult alleged to be mentally
defective or mentally ill;

(6) In all proceedings for support between parent and
child or between husband and wife;

(7) In all proceedings for pre-trial detention or
waiver of jurisdiction over an adult who was a child at the time of an alleged
criminal act as provided in section 571-13 or 571-22;

(8) In all proceedings under chapter 586, Domestic
Abuse Protective Orders; and

(9) For the protection of vulnerable adults under
chapter 346, part X.

In
any case within paragraph (3), (4), or (6), the attorney general, through the
child support enforcement agency, may exercise concurrent jurisdiction as
provided in chapter 576E.

(b) The court shall have concurrent
jurisdiction with the district court over violations of sections 707-712,
707-717, 707-722, 708-822, 708-823, 710-1010.5, 711-1106, and 711-1106.5 when
multiple offenses are charged through complaint or indictment and at least one
offense is a violation of an order issued pursuant to chapter 586 or a
violation of section 709-906.

[(d)] The court shall have concurrent
jurisdiction with the circuit court in all proceedings to appoint a guardian of
an adult. [L 1965, c 232, pt of §1; Supp, §333-11; am L 1967, c 56, §2; HRS
§571-14; am L 1973, c 211, §1(1); am L 1976, c 85, §6; am L 1980, c 232, §27;
am L 1982, c 238, §2; am L 1983, c 79, §1; am L 1984, c 50, §1; am L 1986, c
285, §1; am L 1988, c 154, §3; am L 1989, c 61, §1 and c 381, §3; am L 1992, c
86, §1; am L 1996, c 89, §17; am L 1997, c 295, §2; am L 1998, c 64, §1 and c
190, §4; am L 2002, c 9, §1; am L 2004, c 18, §1 and c 161, §30; am L 2008, c
154, §26]

Cross References

Commitment, see chapters 333F and 334.

Guardianship, see chapter 560, article V.

Case Notes

Even assuming that, for purposes of this section, defendant
did not have physical custody of complainant during the times of the alleged
offenses, and the family court was, therefore, without jurisdiction over those
counts of the indictment, the judge, in the judge's capacity as a circuit court
judge, properly exercised jurisdiction over those counts under §571-4. 103 H.
214, 81 P.3d 394.

The fact that defendant was a "family or household
member" for purposes of §709-906 did not satisfy paragraph (1)'s subject
matter jurisdiction factual criteria because a "family or household
member" is not by that fact "the child's parent or guardian or … any
other person having the child's legal or physical custody". 77 H. 260
(App.), 883 P.2d 682.

The question whether defendant had legal or physical custody
of stepdaughter was subject matter jurisdictional question of fact for court to
decide, not an essential element of the alleged offense for the jury to
decide. 77 H. 260 (App.), 883 P.2d 682.

No equal protection violation for use of preponderance of
evidence standard of proof for §586-5.5 as family and household members not
suspect class and rational basis underlying this standard adopted by
legislature under this chapter for chapter 586 was to facilitate and expedite
judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

Under paragraph (8) and §571-42, family court is vested with
exclusive jurisdiction over chapter 586 proceedings and applicable standard of
proof to be applied in those proceedings is preponderance of the evidence. 85
H. 197 (App.), 940 P.2d 404.

Where family court did not have subject matter jurisdiction
under this section, charge of harassment against defendant husband remanded for
dismissal. 98 H. 287 (App.), 47 P.3d 754.