(a) There shall exist an action known as a petition for an order for protection in cases of domestic abuse.
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Terms Used In Hawaii Revised Statutes 586-3

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Domestic abuse: means :

    (1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse, coercive control, or malicious property damage between family or household members; or

    (2) Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member. See Hawaii Revised Statutes 586-1

  • Extreme psychological abuse: means an intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual, and that serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer extreme emotional distress. See Hawaii Revised Statutes 586-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Malicious property damage: means an intentional or knowing damage to the property of another, without his consent, with an intent to thereby cause emotional distress. See Hawaii Revised Statutes 586-1
(b) A petition for relief under this chapter may be made by:

(1) Any family or household member on the member’s own behalf or on behalf of a family or household member who is a minor or who is an incapacitated person as defined in section 560:5-102 or who is physically unable to go to the appropriate place to complete or file the petition;
(2) Any state agency on behalf of a person who is a minor or who is an incapacitated person as defined in section 560:5-102 or a person who is physically unable to go to the appropriate place to complete or file the petition on behalf of that person;
(3) Any minor sixteen years of age or older on their own behalf without the consent of a parent or legal guardian; or
(4) Any minor deemed emancipated pursuant to section 577-25.
(c) A petition for relief shall be in writing upon forms provided by the court and shall allege, under penalty of perjury, that: a past act or acts of abuse may have occurred; threats of abuse make it probable that acts of abuse may be imminent; or extreme psychological abuse or malicious property damage is imminent; and be accompanied by an affidavit made under oath or a statement made under penalty of perjury stating the specific facts and circumstances from which relief is sought.
(d) The family court shall designate an employee or appropriate nonjudicial agency to assist the person in completing the petition.

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