HCR 55: REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO STUDY HOW EFFECTIVE EXISTING LAWS ON DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS, PROTECTIVE ORDERS, AND HARASSMENT BY STALKING ARE IN PREVENTING CONTINUED ABUSE AND HARASSMENT.

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO STUDY HOW EFFECTIVE EXISTING LAWS ON DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS, PROTECTIVE ORDERS, AND HARASSMENT BY STALKING ARE IN PREVENTING CONTINUED ABUSE AND HARASSMENT.

     WHEREAS, domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State; and

     WHEREAS, temporary restraining orders and protective orders serve as critical legal tools by providing immediate protection for victims of domestic violence and harassment by stalking; and

     WHEREAS, concerns have been raised regarding the effectiveness of the laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking in improving victim safety; and

     WHEREAS, it is essential to evaluate whether enforcement mechanisms are sufficient, and whether additional legislative measures, including funding, may be necessary to enhance their effectiveness; and

     WHEREAS, a study conducted by the Judiciary would provide valuable data and insights into the rate of compliance, enforcement challenges, and victim outcomes; and

     WHEREAS, the study should consider feedback from key stakeholders, including each county's law enforcement agencies, each county's prosecuting attorney, victim advocacy organizations, the legal community, and individuals impacted by domestic violence and stalking; and

     WHEREAS, findings and recommendations from the study could inform potential legislative improvements to better safeguard victims and prevent future harm; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Judiciary is requested to convene a working group to study how effective the existing laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking are in improving victim safety; and

BE IT FURTHER RESOLVED that the working group is requested to consist of the following members or their designees:

     (1)  The Chief of Police of the Honolulu Police Department;

     (2)  The Chief of Police of the Maui Police Department;

     (3)  The Chief of Police of the Hawaii Police Department;

     (4)  The Chief of Police of the Kauai Police Department;

     (5)  The Prosecuting Attorney of the City and County of Honolulu;

     (6)  The Prosecuting Attorney of Maui County;

     (7)  The Prosecuting Attorney of Hawaii County;

     (8)  The Prosecuting Attorney of Kauai County;

     (9)  The Public Defender;

    (10)  The Executive Director of the Hawaii State Commission on the Status of Women;

    (11)  The President of the Hawaii Association of Criminal Defense Lawyers;

    (12)  The Executive Director of the Hawaii State Coalition Against Domestic Violence;

    (13)  A representative from a nonprofit organization that serves victims of domestic violence and stalking, to be invited to participate by the Judiciary;

    (14)  A victim of domestic violence or stalking from each county, to be invited by the Judiciary; and

    (15)  Any other representative with relevant knowledge or experience that the Judiciary deems necessary; and

     BE IT FURTHER RESOLVED that the study is requested to include an analysis of the issuance and enforcement of temporary restraining orders, protective orders, and the judicial response and law enforcement responses to violations of temporary restraining orders and protective orders, as well as an examination of the prosecution and adjudication of harassment by stalking cases; and

BE IT FURTHER RESOLVED that the study is requested to incorporate data from law enforcement agencies, victim services providers, legal practitioners, and individuals who have sought protection orders; and

BE IT FURTHER RESOLVED that:

     (1)  The Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     (2)  The working group is requested to be dissolved on December 31, 2026; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice, Administrative Director of the Courts, Attorney General, Public Defender, prosecuting attorney of each county, chief of police of each county, Executive Director of the Hawaii State Commission on the Status of Women, President of the Hawaii Association of Criminal Defense Lawyers, and Executive Director of the Hawaii State Coalition Against Domestic Violence.

Report Title: 

Judiciary; Study; Effectiveness; TRO Laws; Harassment by Stalking Laws

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO STUDY HOW EFFECTIVE EXISTING LAWS ON DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS, PROTECTIVE ORDERS, AND HARASSMENT BY STALKING ARE IN PREVENTING CONTINUED ABUSE AND HARASSMENT.

     WHEREAS, domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State; and

     WHEREAS, temporary restraining orders (TROs) and protective orders (POs) serve as a critical legal tool by providing immediate protection for victims of domestic violence and harassment by stalking; and

     WHEREAS, concerns have been raised regarding the effectiveness of the laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking in improving victim safety; and

     WHEREAS, it is essential to evaluate whether enforcement mechanisms are sufficient, and whether additional legislative measures, including funding, may be necessary to enhance their effectiveness; and

     WHEREAS, a study conducted by the Judiciary would provide valuable data and insights into the rate of compliance, enforcement challenges, and victim outcomes; and

     WHEREAS, such a study should consider feedback from key stakeholders, including each county's law enforcement agencies, each county's prosecuting attorney, victim advocacy organizations, the legal community, and individuals impacted by domestic violence and stalking; and

     WHEREAS, findings and recommendations from the study could inform potential legislative improvements to better safeguard victims and prevent future harm; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Judiciary is requested to convene a working group to study how effective the existing laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking are in improving victim safety; and

BE IT FURTHER RESOLVED that the working group is requested to consist of the following members or their designees:

     (1)  The Honolulu Police Department;

     (2)  The Maui Police Department;

     (3)  The Hawaii Police Department;

     (4)  The Kauai Police Department;

     (5)  The Prosecuting Attorney of the City and County of Honolulu;

     (6)  The Prosecuting Attorney of Maui County;

     (7)  The Prosecuting Attorney of Hawaii County;

     (8)  The Prosecuting Attorney of Kauai County;

     (9)  The Executive Director of the Hawaii State Coalition Against Domestic Violence;

    (10)  The Executive Director of the Hawaii State Commission on the Status of Women;

    (11)  A representative from a nonprofit organization that serves victims of domestic violence and stalking to be invited to participate by the Judiciary; and

    (12)  A victim of domestic violence and/or stalking from each county to be invited by the Judiciary.

     BE IT FURTHER RESOLVED that the study is requested to include an analysis of the issuance and enforcement of temporary restraining orders, protective orders, and the judicial response and law enforcement responses to violations of temporary restraining orders and protective orders, as well as an examination of the prosecution and adjudication of harassment by stalking cases; and

BE IT FURTHER RESOLVED that the study is requested to incorporate data from law enforcement agencies, victim services providers, legal practitioners, and individuals who have sought protection orders; and

BE IT FURTHER RESOLVED that:

     (1)  The Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     (2)  The working group shall be dissolved on December 31, 2026.

     BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice, Administrative Director of the Courts, and Attorney General.

Report Title: 

Judiciary; Study; Effectiveness; TRO Laws; Harassment by Stalking Laws

HOUSE CONCURRENT

RESOLUTION

requesting the judiciary to conduct a study analyzing HOW EFFECTIVE existing LAWS ON domestic violence temporary restraining orders and harassment by stalking are in preventing continued abuse and HARASSMENT.

     WHEREAS, domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State; and

     WHEREAS, temporary restraining orders (TROs) serve as a critical legal tool by providing immediate protection for victims of domestic violence and harassment by stalking; and

     WHEREAS, concerns have been raised regarding the effectiveness of the laws on domestic violence temporary restraining orders and harassment by stalking in preventing continued abuse and harassment; and

     WHEREAS, it is essential to evaluate whether these laws are adequately protecting victims, whether enforcement mechanisms are sufficient, and whether additional legislative measures may be necessary to enhance their effectiveness; and

     WHEREAS, a comprehensive study conducted by the Judiciary would provide valuable data and insights into the strengths and weaknesses of these legal protections, including the rate of compliance, enforcement challenges, and victim outcomes; and

     WHEREAS, such a study should consider feedback from key stakeholders, including law enforcement agencies, victim advocacy organizations, the legal community, and individuals impacted by domestic violence and stalking; and

     WHEREAS, findings and recommendations from the study could inform potential legislative improvements to better safeguard victims and prevent future harm; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Judiciary is requested to conduct a study analyzing how effective the existing laws on domestic violence temporary restraining orders and harassment by stalking are in preventing continued abuse and harassment; and

     BE IT FURTHER RESOLVED that the study is requested to include an analysis of the issuance, enforcement, and impact of temporary restraining orders, as well as an examination of the prosecution and adjudication of harassment by stalking cases; and

     BE IT FURTHER RESOLVED that the study is requested to incorporate data from law enforcement agencies, victim services providers, legal practitioners, and individuals who have sought protective orders; and

     BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice, Administrative Director of the Courts, Attorney General, and Executive Director of the Hawaii State Coalition Against Domestic Violence.

Report Title: 

Judiciary; Study; Effectiveness; TRO Laws; Harassment by Stalking Laws

STAND. COM. REP. NO. 1941

Honolulu, Hawaii

RE:    H.C.R. No. 55

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.C.R. No. 55, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO STUDY HOW EFFECTIVE EXISTING LAWS ON DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS, PROTECTIVE ORDERS, AND HARASSMENT BY STALKING ARE IN PREVENTING CONTINUED ABUSE AND HARASSMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Judiciary to convene a working group to study how effective the existing laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking are in improving victim safety.

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women and four individuals.

     Your Committee received comments on this measure from the Judiciary and Office of the Public Defender.

     Your Committee finds that domestic violence and stalking continue to be pervasive and serious public safety concerns affecting individuals and families throughout the State, and temporary restraining orders and protective orders serve as critical legal tools by providing immediate protection for victims of domestic violence and harassment by stalking.  However, concerns have been raised regarding the effectiveness of the laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking in improving victim safety.  Your Committee believes that it is essential to evaluate whether enforcement mechanisms are sufficient, and whether additional legislative measures, including funding, may be necessary to enhance their effectiveness.  This measure will provide valuable data and insights into the rate of compliance, enforcement challenges, and victim outcomes of existing laws on domestic violence temporary restraining orders, protective orders, and harassment by stalking.

     Your Committee believes that the inclusion of a representative from the Office of the Public Defender and the private defense bar in the working group is necessary to generate a more balanced discussion on how defendants are processed through the criminal justice system and what is working or needs improvement to help prevent continued abuse and harassment.

     Accordingly, your Committee has amended this measure by:

     (1)  Requesting that the working group include:

          (A)  The Public Defender, or the Public Defender's designee;

          (B)  The President of the Hawaii Association of Criminal Defense Lawyers, or the President's designee; and

          (C)  Any other representative with relevant knowledge or experience that the Judiciary deems necessary;

     (2)  Clarifying the recipient list for certified copies of this measure; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 55, H.D. 1, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 55, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO.  1849

Honolulu, Hawaii

                , 2025

RE:   H.C.R. No. 55

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.C.R. No. 55 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO CONDUCT A STUDY ANALYZING HOW EFFECTIVE EXISTING LAWS ON DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS AND HARASSMENT BY STALKING ARE IN PREVENTING CONTINUED ABUSE AND HARASSMENT,"

begs leave to report as follows:

     The purpose of this measure is to request the Judiciary to conduct a study on the effectiveness of existing laws related to domestic violence temporary restraining orders (TROs) and harassment by stalking. The purpose of this study is to assess how well these legal protections are preventing continued abuse and harassment, and to identify areas for improvement.

Your Committee received testimony in support for this measure from the Hawaii State Commission on the Status of Women; Hawaii State Coalition Against Domestic Violence and from two individuals. Your Committee received testimony for this measure in opposition from the Judiciary. Your Committee received comments for this measure from the Department of the Prosecuting Attorney.

Your Committee finds that the effectiveness of domestic violence temporary restraining orders (TROs) and harassment by stalking laws is critical in protecting victims from continued abuse. While these legal measures are intended to provide immediate relief and prevent further harm, concerns remain regarding their enforcement, accessibility, and overall impact on victim safety. 

Your Committee has amended this measure by:

(1)    Requesting the Judiciary convene a working group consisting of the following members or their designee:

a. Each county’s law enforcement agency;

b. Each county’s prosecuting attorney;

c. The Executive Director of the Hawaiʻi State Commission on the Status of Women;

d. The Executive Director of the Hawaiʻi State Coalition Against Domestic Violence;

e. A nonprofit organization serving victims of domestic violence and stalking; and

f.   a victim of domestic violence and/or stalking from each county; and

(2)    Include Protective Orders in Addition to Temporary Restraining Orders (TROs); and

(3)    Extend the reporting date to 2026; and

(4)    Including Neighbor Islands and Victim Voices

(5)    Making technical nonsubstantive amendments to the proposed amendments for consistency, clarity, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 55, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 55, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,