(a) In any criminal proceeding arising under section 571-14, except as to cases involving abuse of a family or household member, the court, with the consent of the defendant or the parties in interest, may make a preliminary investigation and such adjustment as is practicable, without prosecution. The procedure and disposition applicable in the trial of cases arising under section 571-14, including cases involving abuse of a family or household member, in a criminal court shall be applicable to any trial of these cases by the family court. On request of the court, the appropriate prosecuting officer shall prepare and prosecute any criminal case within the purview of section 571-14.
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Terms Used In Hawaii Revised Statutes 571-42

  • Chambers: A judge's office.
  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judge: means judge of the family court. See Hawaii Revised Statutes 571-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Where in the judge‘s opinion it is necessary to protect the welfare of the persons before the court, the judge may conduct hearings in chambers and may exclude persons having no direct interest in the case.
(c) In proceedings arising under section [ 571-14(a)(3), (4), or (5)], the court may make a preliminary investigation and, with the consent of the parties in interest, may make such adjustment as is practicable without further formal procedures.
(d) In any noncriminal proceeding arising under section 571-14, any findings of fact or disposition shall be based upon a preponderance of evidence admissible under the rules of evidence applicable to the trial of civil cases.

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