(a) A protective order issued by another state, tribe, or territory shall be considered valid if:

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Terms Used In Hawaii Revised Statutes 586-22

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1) The issuing court or tribunal had jurisdiction over the parties and matter under the laws of the state, tribe, or territory; and
(2) The respondent received notice and an opportunity to be heard before the foreign protective order was issued; provided that, in the case of an ex parte order, notice and opportunity to be heard were provided within a reasonable period of time, sufficient to protect the respondent’s right to due process.
(b) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of an out-of-state protective order.

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