(a) If a law enforcement officer determines under subsection (b) or (c) that there is probable cause to believe a valid Canadian domestic-violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic-violence protection order as if the terms were in an order of a tribunal. Presentation to a law enforcement officer of a certified copy of a Canadian domestic-violence protection order is not required for enforcement.
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 586C-3

  • Canadian domestic-violence protection order: means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction that relates to domestic violence and prohibits a respondent from:

    (1) Being in physical proximity to a protected individual or following a protected individual;
    (2) Directly or indirectly contacting or communicating with a protected individual or other individual described in the order;
    (3) Being within a certain distance of a specified place or location associated with a protected individual; or
    (4) Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual. See Hawaii Revised Statutes 586C-2
  • Law enforcement officer: means an individual authorized by law of this State other than this chapter to enforce a domestic protection order. See Hawaii Revised Statutes 586C-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Protected individual: means an individual protected by a Canadian domestic-violence protection order. See Hawaii Revised Statutes 586C-2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 586C-2
  • Respondent: means an individual against whom a Canadian domestic-violence protection order is issued. See Hawaii Revised Statutes 586C-2
  • Tribunal: means a court, agency, or other entity authorized by law of this State other than this chapter to establish, enforce, or modify a domestic protection order. See Hawaii Revised Statutes 586C-2
(b) Presentation to a law enforcement officer of a record of a Canadian domestic-violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.
(c) If a record of a Canadian domestic-violence protection order is not presented as provided in subsection (b), a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic-violence protection order exists.
(d) If a law enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order.
(e) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.

  Previous
Next  
 Chapter 586C Contents