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Hawaii Revised Statutes Division 3. Property; Family § 586C-4

Current as of January 01, 2025 | Updated by Findlaw Staff

(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 586C-3 and may not be registered under section 586C-5.

(f) A person who violates a valid Canadian domestic-violence protection order shall be subject to the penalties provided in section 586-26.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 586C-4 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-586c-4/

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