§580-10  Restraining orders; appointment of
master.  (a)  When a complaint for annulment, divorce, or separation, is
filed in this State, the court, on an application by either party, supported by
affidavit or a statement made under penalty of perjury, without a hearing, may
enjoin and restrain each of the parties to that action from transferring,
encumbering, wasting, or otherwise disposing of any of their property, whether
real, personal, or mixed, over and above current income, except as necessary
for the ordinary course of a business or for usual current living expenses,
without the consent and concurrence of the other party to such action for
divorce, or further specific order of the court.  Where such restraining orders
are issued against the other party to the action, such person shall be served
promptly with the order and shall be entitled to a prompt hearing to show cause
why such order should not be enforced.



(b)  In all actions for annulment, divorce, or
separation, the court shall have the power to issue such restraining orders
against a person or persons not a party to the action, as shall be reasonably
required during the pendency of such action, to preserve the estates of the
parties.  Where such restraining orders are issued against a person or persons
not a party to the action, such persons shall be promptly served with the order
and shall be entitled to a prompt hearing within a reasonable time to show
cause why such order should not be enforced.



(c)  In all actions for annulment, divorce, or
separation, the court shall have the power to appoint a master, or masters, to
make preliminary findings and to report to the court on any issue.  The written
reports of a master shall be available to interested parties and may be
received in evidence if no objection is made; or if objection is made, may be
received in evidence provided the person or persons responsible for the reports
are available for cross-examination as to any matter contained therein.  When a
report is received in evidence, any party may introduce other evidence
supplementing, supporting, modifying, or rebutting the whole or any part of the
report.



(d)  Whenever it is made to appear to the court
after the filing of any complaint, that there are reasonable grounds to believe
that a party thereto may inflict physical abuse upon, threaten by words or
conduct, or harass the other party, the court may issue a restraining order to
prevent such physical abuse, threats, or harassment, and shall enjoy in respect
thereof the powers pertaining to a court of equity.  Where necessary, the order
may require either or both of the parties involved to leave the marital
residence during the period of the order, and may also restrain the party to
whom it is directed from contacting, threatening, or physically abusing the
children or other relative of the spouse who may be residing with that spouse
at the time of the granting of the restraining order.  The order may also
restrain a party's agents, servants, employees, attorneys, or other persons in
active concert or participation with the respective party.



(1)  A knowing or intentional violation of a
restraining order issued pursuant to this section is a misdemeanor.  A person
convicted under this section shall undergo domestic violence intervention at
any available domestic violence program as ordered by the court.  The court
additionally shall sentence a person convicted under this section as follows:



(A)  For a first conviction for violation of
the restraining order, the person shall serve a mandatory minimum jail sentence
of forty-eight hours and be fined not less than $150 nor more than $500;
provided that the court shall not sentence a defendant to pay a fine unless the
defendant is or will be able to pay the fine; and



(B)  For
the second and any subsequent conviction for violation of the restraining
order, the person shall serve a mandatory minimum jail sentence of thirty days
and be fined not less than $250 nor more than $1,000; provided that the court
shall not sentence a defendant to pay a fine unless the defendant is or will be
able to pay the fine.



Upon conviction and sentencing of the
defendant, the court shall order that the defendant immediately be incarcerated
to serve the mandatory minimum sentence imposed; provided that the defendant
may be admitted to bail pending appeal pursuant to chapter 804.  The court may
stay the imposition of the sentence if special circumstances exist.



The court may suspend any jail sentence,
except for the mandatory sentences under subparagraphs (A) and (B), upon
condition that the defendant remain alcohol and drug-free, conviction-free or
complete court-ordered assessments or intervention.  Nothing in this section
shall be construed as limiting the discretion of the judge to impose additional
sanctions authorized in sentencing for a misdemeanor offense.  All remedies for
the enforcement of judgments shall apply to this section.



(2)  Any law enforcement officer shall enforce a
restraining order issued pursuant to this subsection, including lawfully
ordering the restrained party to voluntarily leave for a three-hour cooling off
period, or, with or without a warrant, where the law enforcement officer has
reasonable grounds to believe that the restrained party has violated the
restraining order, arresting the restrained party.



(e)  Any
fines collected pursuant to subsection (d) shall be deposited into the spouse
and child abuse special account established under section 601-3.6. [L
1947, c 122, §1; RL 1955, §324-35; am L 1966, c 22, §6; HRS §580-10; am L 1973,
c 211, §5(f); am L 1983, c 187, §1 and c 246, §1; am L 1992, c 290, §1; am L
1993, c 6, §24; am L 1999, c 200, §3]



 



Cross References



 



  Domestic abuse protective orders, see chapter 586.



 



Rules of Court



 



  Masters, see HFCR rule 66.



  Restraining orders, see HFCR rule 65.