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HB2071
HOUSE OF REPRESENTATIVES
H.B. NO.
2071
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO FAMILY
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
Chapter 584A, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:
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"
�584A-
��
�
�
Domestic
abuse; exemption from mediation in paternity proceedings.
�
(a)
�
In contested paternity proceedings where
there are allegations of domestic abuse, or a temporary restraining order or a
protective order is in effect with respect to the parties, the court shall not
require a party alleging the domestic abuse to participate in any component of
any mediation program against the wishes of that party.
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(b)
�
If
a party has alleged domestic abuse or if a temporary restraining order or a
protective order is in effect with respect to the parties, the court may order
mediation or refer either party to mediation only if:
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(1)
�
Mediation is
authorized by the alleged victim of the domestic abuse; and
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(2)
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Mediation is
provided, in a specialized manner that protects the safety of the alleged
victim, by a mediator who is trained in the field of domestic abuse.
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(c)
�
A
mediator who receives a referral or an order from a court to conduct mediation
shall screen for the occurrence of domestic abuse between the parties.
�
A mediator shall not engage in mediation when
it appears to the mediator, or when either party asserts, that domestic abuse
has occurred, unless:
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(1)
�
Mediation is
authorized by the alleged victim of the domestic abuse; and
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(2)
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Mediation is
provided, in a specialized manner that protects the safety of the alleged
victim, by a mediator who is trained in the field of domestic abuse.
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(d)
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As
used in this section, "domestic abuse" has the same meaning as in
section 586-1.
"
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SECTION
2
.
�
Section
580-41.5, Hawaii Revised Statutes, is amended to read as follows:
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�580-41.5
�
[
Battered spouses;
]
Domestic abuse;
exemption from mediation in divorce proceedings.
�
(a)
�
In
contested divorce proceedings where there are allegations of [
spousal
]
domestic
abuse, the court shall not require a party alleging the [
spousal
]
domestic
abuse to participate in any component of any mediation program against the
wishes of that party.
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(b)
�
A mediator who receives a referral or order from a court to conduct
mediation shall screen for the occurrence of [
family violence
]
domestic
abuse
between the parties.
�
A
mediator shall not engage in mediation when it appears to the mediator or when
either party asserts that [
family violence
]
domestic abuse
has
occurred unless:
����
(1)
�
Mediation is
authorized by the
alleged
victim of the [
alleged family violence;
]
domestic abuse; and
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(2)
�
Mediation is
provided
,
in a specialized manner that protects the safety of the
alleged
victim
,
by a mediator who is trained in [
family violence; and
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(3)
�
The victim is
permitted to have in attendance at mediation, a supporting person of the
victim's choice including but not limited to an attorney or advocate.
�
If the victim chooses to exercise such
option, any other party to the mediation will be permitted to have in
attendance at mediation, a supporting person of the party's choice including
but not limited to an attorney or advocate.
]
the field of domestic
abuse.
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(c)
�
In a proceeding concerning the custody or visitation of a child, if a
temporary
restraining order or a
protective order is in effect[
,
]
with
regard to the parties,
the court shall not require a party alleging [
family
violence
]
domestic abuse
to participate in any component of any
mediation program against the wishes of that party.
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(d)
�
In a proceeding concerning the custody or visitation of a child, if [
there
is an allegation of family violence
]
a party has alleged domestic abuse
and a
temporary restraining order or a
protective order is not in effect[
,
]
with regard to the parties,
the court may order mediation or refer
either party to mediation only if:
����
(1)
�
Mediation is
authorized by the
alleged
victim of the [
alleged family violence;
]
domestic abuse; and
����
(2)
�
Mediation is
provided
,
in a specialized manner that protects the safety of the
alleged
victim
,
by a mediator who is trained in [
family violence; and
����
(3)
�
The victim is
permitted to have in attendance at mediation, a supporting person of the
victim's choice including but not limited to an attorney or advocate.
�
If the victim chooses to exercise such
option, any other party to the mediation will be permitted to have in
attendance at mediation, a supporting person of the party's choice including
but not limited to an attorney or advocate.
]
the field of domestic
abuse.
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(e)
�
As used in this section, "domestic
abuse" has the same meaning as in section 586-1.
"
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SECTION 3.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Hawaii
State Association of Counties Package; Domestic Abuse; Paternity Proceedings; Divorce;
Exemption from Mediation
Description:
Exempts,
under certain circumstances, parties alleging domestic abuse from participating
in mediation during paternity or divorce proceedings.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.