Haw. Rev. Stat. § 586C-4

Current through the 2024 Legislative Session
Section 586C-4 - Enforcement of Canadian domestic-violence protection order by tribunal
(a) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of:
(1) A person authorized by law of this State other than this chapter to seek enforcement of a domestic-protection order; or
(2) A respondent.
(b) In a proceeding under subsection (a), the tribunal shall follow the procedures of this State for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order.
(c) A Canadian domestic-violence protection order is enforceable under this section if:
(1) The order identifies a protected individual and a respondent;
(2) The order is valid and in effect;
(3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court; and
(4) The order was issued after:
(A) The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order; or
(B) In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.
(d) A Canadian domestic-violence protection order valid on its face is prima facie evidence of its enforceability under this section.
(e) A claim that a Canadian domestic-violence protection order does not comply with subsection (c) is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and section -3 and may not be registered under section -5.
(f) A person who violates a valid Canadian domestic-violence protection order shall be subject to the penalties provided in section 586-26.

HRS § 586C-4

Added by L 2022, c 107,§ 1, eff. 6/17/2022.