(a) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of:

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Terms Used In Hawaii Revised Statutes 586C-4

  • 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
  • Domestic protection order: means an injunction or other order issued by a tribunal that relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual. See Hawaii Revised Statutes 586C-2
  • 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.
  • Issuing court: means the court that issues a Canadian domestic-violence protection order. See Hawaii Revised Statutes 586C-2
  • 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.
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Hawaii Revised Statutes 586C-2
  • Protected individual: means an individual protected by a Canadian domestic-violence protection order. 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
  • State: includes a federally recognized Indian tribe. 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
(1) A person authorized by law of this State other than this chapter to seek enforcement of a domestic-protection order; or
(2) A respondent.
(b) In a proceeding under subsection (a), the tribunal shall follow the procedures of this State for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order.
(c) A Canadian domestic-violence protection order is enforceable under this section if:

(1) The order identifies a protected individual and a respondent;
(2) The order is valid and in effect;
(3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court; and
(4) The order was issued after:

(A) The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order; or
(B) In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.
(d) A Canadian domestic-violence protection order valid on its face is prima facie evidence of its enforceability under this section.
(e) A claim that a Canadian domestic-violence protection order does not comply with subsection (c) is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and section -3 and may not be registered under section -5.
(f) A person who violates a valid Canadian domestic-violence protection order shall be subject to the penalties provided in § 586-26.

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