One-year gun violence protective order issued after notice and hearing
HRS §134-65
in effect134-65. One-year gun violence protective order issued after notice and hearing
(a) A petitioner requesting a one-year gun violence protective order shall include in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of causing a self-inflicted bodily injury or an injury to another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition.
(b) In determining whether to issue a one-year
gun violence protective order under this section, the court shall consider all
relevant evidence presented by the petitioner and the respondent, and may also
consider other relevant evidence, including but not limited to evidence of the
facts identified in section 134-64(d).
(c) If the court finds by a preponderance of
the evidence at the hearing that the respondent poses a significant danger of
causing bodily injury to the respondent's self or another person by owning,
purchasing, possessing, receiving, or having in the respondent's custody or
control any firearm or ammunition, the court shall issue a one-year gun
violence protective order.
(d) A one-year gun violence protective order
issued pursuant to this section shall include all of the following:
(1) A statement that the respondent shall not own,
purchase, possess, receive, transfer ownership of, or have in the respondent's
custody or control, or attempt to purchase, receive, or transfer ownership of,
any firearm or ammunition while the order is in effect;
(2) A description of the requirements for
relinquishment of firearms and ammunition under section 134-67;
(3) A statement of the grounds supporting the
issuance of the order;
(4) The date and time the order expires;
(5) The address of the court that issued the order;
(6) A statement that the respondent may request a
hearing to terminate the order at any time during its effective period;
(7) A statement that the respondent may seek the
advice of an attorney as to any matter connected to the order;
(8) A statement of whether the respondent was present
in court to be advised of the contents of the order or whether the respondent
failed to appear; and
(9) A statement that if the respondent was present in
court, the respondent's presence shall constitute proof of service of notice of
the terms of the order.
(e) If the respondent fails to appear at the
hearing, a one-year gun violence protective order issued pursuant to this
section shall be personally served on the respondent by an officer of the
appropriate county police department. The officer shall file the proof of
service with the court within one business day of service.
[L 2019, c 150, pt
of §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0065.htmFetched: 11/10/2026