Hawaii · statute · Haw. Rev. Stat. ch. 634L · 8 active provisions
The legislature finds and declares that court proceedings can provide a means for domestic violence abusers to control, harass, intimidate, coerce, and impoverish their intimate partner during the relationship and after it has ended. Misused in this way, the legal system unwittingly becomes another avenue that abusers…
As used in this chapter: "Intimate partner" means: (1) Current or former spouses or reciprocal beneficiaries; (2) Persons who have a child in common regardless of whether they have been married or have lived together at any time; or (3) Persons who have or have had a dating relationship as that term is defined in secti…
(a) Abusive litigation occurs where the following apply: (1) The opposing parties have a current or former intimate partner relationship or have filed on behalf of a minor or incapacitated person who has a current or former intimate partner relationship; (2) The party who is filing, initiating, advancing, or continuing…
(a) A party to a case may request from the court an order restricting abusive litigation if the parties are current or former intimate partners and one party has been found by the court to have committed domestic violence against the other party: (1) In any answer or response to the litigation being filed, initiated, a…
(a) If a party asserts that they are being subjected to abusive litigation, the court shall attempt to verify that the parties have or previously had an intimate partner relationship and that the party raising the claim of abusive litigation has been found to be a victim of domestic violence by the other party. If the…
At the hearing conducted pursuant to this chapter, evidence of any of the following creates a rebuttable presumption that litigation is being filed, initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining contact with the other party: (1) Proffered legal claims are not bas…
(a) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation, and that any or all of the motions or actions pending before the court are abusive litigation, the litigation shall be dismissed, denied, stricken, or resolved by other disposition with prejudice. (b) In addition t…
(a) A person subject to an order restricting abusive litigation who wishes to initiate a new case or file a motion in an existing case during the time the person is under filing restrictions shall first file an application or motion before the court that imposed the order restricting abusive litigation to make a reques…