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HI HB1451
Bill
Status
1/29/2015
Primary Sponsor
Justin Woodson
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AI Summary
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Amends Hawaii Revised Statutes Section 571-46(b) to change the standard of proof for establishing willful misuse of domestic abuse protective orders in child custody cases from "clear and convincing evidence" to "preponderance of the evidence"
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Applies the lower evidentiary standard to both determining whether a parent willfully misused the protection from abuse process and whether such misuse shows the parent cannot cooperate with the other parent in shared child responsibilities
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Maintains requirement that courts articulate findings of fact when relying on willful misuse of protective orders as a factor in best interests of the child determinations
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Clarifies that voluntary dismissal of a protection from abuse petition alone is not prima facie evidence of willful misuse
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Takes effect upon approval with no retroactive application to rights, duties, penalties, and proceedings that began before the effective date
Legislative Description
Family Court; Child Custody; Best Interests of the Child; Domestic Abuse Protective Orders
Last Action
Referred to HUS, JUD, referral sheet 6
2/2/2015