Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Restraining Order Penalties topic
No spam. Unsubscribe anytime.
Judiciary committee backs changes to penalties for restraining‑order violations, adopts lower minimum than first proposed
Summary
The Senate Judiciary Committee advanced SB 295 with amendments that set a 5‑day mandatory minimum jail term for a first conviction of violating an order for protection and add ability‑to‑pay language for fines, after testimony from defenders, prosecutors, and victim‑advocacy groups.
The Senate Committee on Judiciary voted to move SB 295 forward with amendments that change penalties for violations of temporary restraining orders and orders for protection and add a court‑level ability‑to‑pay safeguard for fines.
Darcia Forster, deputy public defender, warned the committee that many restraining‑order violation cases are not typical domestic‑violence situations and that a higher mandatory minimum could harm people (for example, family members in property disputes or adults with mental health needs). "Our biggest concern is the 15 days is gonna impact people that are not involved with domestic violence," Forster said.
Daniel Hugo of the Department of the Prosecuting Attorney said his office supports making penalties uniform for violations that follow judicial review and noted that context matters: acts that seem trivial may be frightening in the broader relationship. "When we're talking about these sort of violations ... when you look at the context of the relationship, that can actually be quite frightening," Hugo said.
Advocates argued for stronger enforcement. Angie Mercado, executive director of the Hawaii State Coalition Against Domestic Violence, told the committee that roughly 4,005 temporary restraining order petitions were filed statewide last year and about 1,200 were granted; she also said the fines collected for violations are small (she cited $279 deposited last year into the related fund) and urged tougher minimums paired with services for survivors.
After questioning and negotiation, the committee adopted amendments the judiciary recommended: a 5‑day mandatory minimum jail sentence for a first conviction (down from earlier proposals) and language directing courts not to impose fines if a financial review shows the defendant is or will be unable to pay. The chair's recommendation to pass SB 295 with those amendments was adopted by the members present.
The committee also received written testimony and suggested technical amendments to limit unintended consequences for survivors and clarify statutory line numbers. The bill will proceed from committee with the adopted changes.
