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HI HB1451

Bill

Status

Introduced

1/29/2015

Primary Sponsor

Justin Woodson

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • 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"

  • 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

  • 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

  • Clarifies that voluntary dismissal of a protection from abuse petition alone is not prima facie evidence of willful misuse

  • 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

Committee Referrals

Human Services2/2/2015

Full Bill Text

No bill text available