Terms Used In Hawaii Revised Statutes > Chapter 571 > Part V - Procedure and Decree

• Administrative monitoring: means a legal status of a child adjudicated for a status offense or a law violation who is not placed on legal status, but is ordered by the court to complete a discrete, small number of conditions within a short time period, and without regular court appearances. See Hawaii Revised Statutes 571-2
• Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means the board of family court judges. See Hawaii Revised Statutes 571-2
• Case plan: means a plan designed to ensure that a child on probation receives services and programming to achieve rehabilitation, proper care, and case management. See Hawaii Revised Statutes 571-2
• Chambers: A judge's office.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Detention: means the temporary care of children who require custody in physically secure facilities:

  (1) For their immediate welfare;

  (2) For the protection of the community;

  (3) While awaiting transfer to another jurisdiction; or

  (4) Because of violation of a family court order of probation or protective supervision. See Hawaii Revised Statutes 571-2

• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Electronic communication: means communication that is facilitated by any wired or wireless technology via the Internet or any other electronic media, including but not limited to communication by telephone, electronic mail, instant messaging, video conferencing, and web camera. See Hawaii Revised Statutes 571-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Family violence: means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

  (1) Attempting to cause or causing physical harm to another family or household member;

  (2) Placing a family or household member in fear of physical harm; or

  (3) Causing a family or household member to engage involuntarily in sexual activity by force, threat of force, or duress. See Hawaii Revised Statutes 571-2

• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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.
• Home visit: means an announced or unannounced visit to a child's place of residence, conducted by the child's probation officer. See Hawaii Revised Statutes 571-2
• Informal adjustment: means the effort by intake officers, the courts, or others to provide a child referred to them or brought before them, and where appropriate that child's family, opportunity and aid before and in lieu of formally processing the child under this chapter. See Hawaii Revised Statutes 571-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judge: means judge of the family court. See Hawaii Revised Statutes 571-2
• 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.
• Legal custody: means the relationship created by the court's decree which imposes on the custodian the responsibility of physical possession of the minor and the duty to protect, train, and discipline the minor and to provide the minor with food, shelter, education, and ordinary medical care, all subject to residual parental rights and responsibilities and the rights and responsibilities of any legally appointed guardian of the person. See Hawaii Revised Statutes 571-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Meaningful contact: means parent and child interactions, activities, and experiences, performed together, which nurture the parent-child attachment and relationship, while contributing to the child's development in a positive and effective manner. See Hawaii Revised Statutes 571-2
• minor: means a person less than eighteen years of age. See Hawaii Revised Statutes 571-2
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation: means a legal status created by court order following adjudication in a case involving a violation of law whereby a minor is permitted to remain in the minor's home or in a community residential or nonresidential program subject to supervision by the court or an agency designated by the court and subject to return to the court for violation of probation at any time during the period of probation. See Hawaii Revised Statutes 571-2
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective supervision: means a legal status created by court order in proceedings not involving violations of law but where the legal custody of the minor is subject to change, whereby the minor is permitted to remain in the minor's home or in a community residential or nonresidential program under the supervision of the court or an agency designated by the court and subject to return to the court during the period of protective supervision. See Hawaii Revised Statutes 571-2
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Risk and needs assessment: means a determination, based on an actuarial tool validated on Hawaii's juvenile justice system-involved population, of specific factors that predict a child's likelihood of recidivating and criminogenic factors that, when properly addressed, can reduce the likelihood of recidivating. See Hawaii Revised Statutes 571-2
• Senior judge: means the judge so designated, as provided in this chapter. See Hawaii Revised Statutes 571-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.