(a) A primary applicant may apply to participate in the address confidentiality program and shall be assisted by an application assistant; provided that:

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Terms Used In Hawaii Revised Statutes 801G-3

  • Actual address: means a residential, work, or school address as specified on an applicant's application and includes the applicant's county of residence and voting precinct. See Hawaii Revised Statutes 801G-1
  • Agency: means an agency or instrumentality of the State or any of its political subdivisions. See Hawaii Revised Statutes 801G-1
  • Applicant: includes a primary applicant and a secondary applicant. See Hawaii Revised Statutes 801G-1
  • Application assistant: means a current employee or volunteer serving a victim services organization who is certified by the program pursuant to this chapter to assist individuals with applications to participate in the program; provided that an application assistant shall not be an employee of the program. See Hawaii Revised Statutes 801G-1
  • 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.
  • 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.
  • 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.
  • participant: means an individual accepted into the address confidentiality program, and includes a primary participant and a secondary participant. See Hawaii Revised Statutes 801G-1
  • Primary applicant: means an individual who is applying to participate in the address confidentiality program as a victim of domestic abuse, a sexual offense, or stalking; provided that a parent or guardian applying on behalf of a minor or an incapacitated person shall not be considered a primary applicant; provided further that a parent or guardian may apply as a secondary applicant under section 801G-4. See Hawaii Revised Statutes 801G-1
  • program: means the program established by section 801G-2. See Hawaii Revised Statutes 801G-1
  • Program director: means the director of the address confidentiality program. See Hawaii Revised Statutes 801G-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sexual offense: means an act described in § 707-730, 707-731, 707-732, 707-733, 707-733. See Hawaii Revised Statutes 801G-1
  • Stalking: means any act described in sections 711-1106. See Hawaii Revised Statutes 801G-1
  • Substitute address: means an address that is used instead of an actual address and assigned to a participant under the address confidentiality program. See Hawaii Revised Statutes 801G-1
  • Victim services organization: means a nonprofit, nongovernmental organization that provides assistance to, or advocates for, victims of domestic abuse or sexual violence, including rape crisis centers; an organization operating a shelter or providing professional counseling services; or an organization that provides assistance with the legal process including but not limited to the victim-witness assistance program and victim-witness assistance units established in section 28-111. See Hawaii Revised Statutes 801G-1
(1) A parent or guardian may act on behalf of a minor who resides with the parent or guardian; and
(2) A guardian shall act on behalf of an incapacitated individual.
(b) The application shall be as prescribed by the program director and shall contain the following:

(1) The primary applicant‘s name;
(2) A statement by the primary applicant that the primary applicant is a victim of domestic abuse, a sexual offense, or stalking and that the primary applicant fears for the primary applicant’s safety;
(3) Evidence that the primary applicant is a victim of domestic abuse, a sexual offense, or stalking, including any of the following:

(A) Records or files of a court or government agency including but not limited to police reports, valid restraining orders, injunctions against harassment, and documents from criminal cases;
(B) Documentation from a domestic abuse program, agency, or facility including a shelter or safe house for domestic abuse victims;
(C) Documentation from a sexual assault program;
(D) Documentation from a medical professional, mental health care provider, attorney, advocate, social worker, or member of the clergy from whom the primary applicant has sought assistance in dealing with the alleged domestic abuse, sexual offense, or stalking; or
(E) Documentation from a victim services organization;
(4) A statement by the primary applicant that disclosure of the primary applicant’s actual address will endanger the primary applicant’s safety;
(5) A statement by the primary applicant that the primary applicant has confidentially relocated to an address in the State or will relocate to an address in the State within thirty days of the date of application and will not disclose the location to assailants or known potential assailants;
(6) The primary applicant’s written consent that the program shall serve as the agent for the primary applicant for purposes of service of process and receiving mail;
(7) The mailing address and telephone number where the primary applicant may be contacted by the program;
(8) The actual address of the primary applicant;
(9) A statement as to whether there is any existing court order or court action involving the primary applicant or an individual identified in paragraph (10) related to dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, including the court that issued the order or has jurisdiction over the action;
(10) The name of any person who resides with the primary applicant who may apply as a secondary applicant pursuant to section 801G-4 to ensure the safety of the primary applicant;
(11) The primary applicant’s sworn statement that the information contained in the application is true;
(12) The application assistant’s statement that the application assistant has met with and discussed the application with the primary applicant and that the application assistant recommends that the primary applicant be assigned a substitute address; and
(13) The date and signature of the primary applicant, the application assistant, and, if applicable, the primary applicant’s parent or guardian.
(c) Upon the determination that an application has been properly completed, the program director may certify the primary applicant as a program participant and issue the program participant an address confidentiality program authorization card that shall include the participant’s substitute address and remain valid for a period of time set forth by the program director; provided that the certification may be canceled pursuant to § 801G-6.
(d) A certification may be renewed by filing a renewal application with the program no more than thirty days, but at least five days, prior to the expiration of the existing certification.

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