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Committee backs tougher penalties for protective‑order violations, keeps suspension options
Summary
After testimony from prosecutors, survivors and service providers, the committee passed SB295 SD1 to increase penalties for violations of temporary restraining orders and to harmonize treatment of domestic and nondomestic violations while preserving judicial suspension options for treatment and assessments.
The House Committee on Human Services and Homelessness voted to pass SB295 SD1 with amendments on March 11, 2025, strengthening penalties for violations of temporary restraining orders and clarifying statutory treatment of domestic versus nondomestic violations.
Office of the Public Defender attorney William Bento urged caution on mandatory jail sentences, warning that lengthy mandatory terms can harm a defendant’s employment and housing and that judges should retain discretion. Bento said that indeterminate and determinate sentencing differences matter and asked the committee to consider whether mandatory minimums achieve public safety goals.
Daniel Hugo for the Honolulu Prosecutor’s Office supported the bill’s direction and urged the committee to preserve two provisions: consistent violations across temporary restraining orders and protective orders, and removal of the distinction between domestic and nondomestic abuses for purposes of charging subsequent offenses. He argued that treating past incidents as trivializes victims’ experiences and can hinder prosecution.
Advocates urged stronger enforcement. Angelina Mercado, executive director of the Hawaii State Coalition Against Domestic Violence, said survivors routinely describe protection orders as “just another piece of paper” and pointed to data showing large numbers of petitions filed and relatively few resulting in incarceration. Monique Ibarra, CEO of the Domestic Violence Action Center, said effective enforcement and meaningful penalties are essential to survivors’ safety.
Multiple survivors gave emotional testimony about failures in the system to protect victims; Lucita Aniliroa, the mother of Teresa Cachuela (who was killed in December 2023), described failures in access to benefits and support services and urged stronger penalties and better officer training.
Committee members discussed the public‑defender concerns and the bill’s suspension provisions for mental‑health or treatment responses. Chair Lisa Martin instructed technical edits to correct cross references that were obsolete after consolidation of statutory sections; the committee retained the court’s ability to suspend a jail sentence and passed SB295 SD1 with the chair’s technical amendments.
