SB 2566: Judiciary Package; Family Courts; Domestic Abuse; Temporary Restraining Orders; Protective Orders; Public Inspection

A BILL FOR AN ACT

relating to domestic abuse orders for protection.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 586-4, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  If the court denies a temporary restraining order, the court may order upon the oral or written request of the respondent or the person to be restrained that the petition record be withheld from public inspection; provided that the record shall remain accessible to law enforcement officers without a court order."

     SECTION 2.  Section 586-5.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  If the court denies a protective order or extended protective order, the court may order upon the oral or written request of the respondent that the protective order or extended protective order petition record be withheld from public inspection; provided that the record shall remain accessible to law enforcement officers without a court order."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Judiciary Package; Family Courts; Domestic Abuse; Temporary Restraining Orders; Protective Orders; Public Inspection

Description:

Removes the requirement that requests to withhold from public inspection the petition record of a denied temporary restraining order or denied protective order be made orally.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2804

Honolulu, Hawaii

RE:     S.B. No. 2566

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2566 entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE ORDERS FOR PROTECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to remove the requirement that requests to withhold from public inspection the petition record of a denied temporary restraining order or denied protective order be made orally.

     Your Committee received testimony in support of this measure from the Judiciary, Hawaiʻi State Coalition Against Domestic Violence, Hawaiʻi State Democratic Women's Caucus, and two individuals.

     Your Committee finds that retaliatory counter-petitions can negatively impact domestic abuse victims' employment and housing prospects and hinder the victims' efforts to gain physical and financial independence from their abusers.  To address this, existing law allows the court to issue an order that withholds a denied petition from public inspection.  However, in order to issue these orders, existing law requires that the respondent make an oral request at a court hearing.  Given the fact that requests for temporary restraining orders are reviewed or submitted on an ex parte basis and generally without a hearing, there is no ability for respondents to make these oral requests under ordinary circumstances.  This measure addresses this problem by aligning existing law with the realities of ex parte proceedings and fundamental principles of procedural fairness.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2566 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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