Ex parte gun violence protective order
HRS §134-64
in effect134-64. Ex parte gun violence protective order
(a) A petitioner may request that an ex parte gun violence protective order be issued before a hearing for a one-year gun violence protective order, without notice to the respondent.
(b) The court shall issue or deny an ex parte
gun violence protective order on the same day that the petition is submitted to
the court, unless the petition is filed too late in the day to permit effective
adjudication, in which case the order shall be issued or denied on the next
business day.
(c) Before issuing an ex parte gun violence
protective order, the court may examine under oath the petitioner and any
witnesses the petitioner may produce.
(d) In determining whether sufficient grounds
for an ex parte gun violence protective order exist, the court shall consider
all relevant evidence presented by the petitioner, and may also consider other
relevant evidence, including evidence of facts relating to the respondent's:
(1) Unlawful, reckless, or negligent use, display,
storage, possession, or brandishing of a firearm;
(2) Act or threat of violence against the respondent's
self or another person, regardless of whether the violence involves a firearm;
(3) Violation of a protective order or restraining
order issued pursuant to chapter 586 or section 604-10.5, or a similar law in
another state;
(4) Abuse of controlled substances or alcohol or
commission of any criminal offense that involves controlled substances or
alcohol; and
(5) Recent acquisition of any firearms, ammunition,
or other deadly weapons.
(e) The court shall also consider the time
that has elapsed since the events described in subsection (d).
(f) If the court finds probable cause to
believe that the respondent poses an imminent 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 an ex parte gun violence protective order.
(g) An ex parte gun violence protective order
issued pursuant to this section shall include:
(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 asserted for the
order;
(4) A notice of the hearing under section 134-63(d)
to determine whether to issue a oneyear gun violence protective order,
including the address of the court and the date and time when the hearing is
scheduled;
(5) A statement that at the hearing, the court may
extend the order for one year; and
(6) A statement that the respondent may seek the
advice of an attorney as to any matter connected with the order, and that the
attorney should be consulted promptly so that the attorney may assist the
respondent in any matter connected with the order.
(h) An ex parte 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.
(i) In accordance with section 134-63(d), the
court shall schedule a hearing within fourteen days of the granting of the
petition for an ex parte gun violence protective order to determine if a
one-year gun violence protective order shall be issued. A respondent may seek
an extension of time before the hearing. The court shall dissolve any ex parte
gun violence protective order in effect against the respondent if the court
subsequently holds the hearing and issues or denies a one-year gun violence
protective order.
[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_0134-0064.htmFetched: 11/10/2026