Termination and renewal
HRS §134-66
in effect134-66. Termination and renewal
(a) The respondent named in a one-year gun violence protective order issued under section 134-65 may submit a written request at any time during the effective period of the order for a hearing to terminate the order. Upon receipt of the written request for termination:
(1) The court shall set a date for a hearing. Notice
of the request shall be personally served on the petitioner by any person
authorized by section 634-21. The hearing shall occur no sooner than fourteen
days from the date of service of the request upon the petitioner; and
(2) The respondent seeking termination of the order
shall have the burden of proving by a preponderance of the evidence that the
respondent does not pose 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.
If the court finds after the hearing that the
respondent has met the respondent's burden, the court shall terminate the
order.
(b) A petitioner may submit a written request
for a renewal of a one-year gun violence protective order within three months
prior to the expiration of the order. Upon receipt of the written request for
renewal, the court:
(1) In determining whether to renew a one-year gun
violence protective order, after notice to the respondent, shall consider all
relevant evidence presented by the petitioner and the respondent and may also
consider other relevant evidence, including evidence of the facts identified in
section 134-64(d); and
(2) May renew a one-year gun violence protective
order if the court finds by a preponderance of the evidence that the respondent
continues to pose 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.
A one-year gun violence protective order renewed
pursuant to this section shall expire after one year, subject to termination by
further order of the court at a hearing held pursuant to subsection (a) and
further renewal by order of the court pursuant to this subsection.
[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_0134-0066.htmFetched: 11/10/2026