HB383 • 2026

RELATING TO ORDERS FOR PROTECTION.

Crime

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on whether violators must complete a program about anger management or domestic violence, nor does it explicitly state that the court's ability to suspend mandatory jail sentences is limited.

Rules for Orders for Protection

This bill reinstates mandatory minimum jail sentences for successive violations of the same order for protection, removing distinctions between domestic and non-domestic abuse cases.

What This Bill Does

Reinstates mandatory minimum jail sentences for anyone who violates an order for protection more than once.
Removes the distinction between domestic and non-domestic abuse when determining penalties for violating orders for protection.

Who It Names or Affects

People who violate orders for protection will face stricter penalties.
Courts that handle cases involving violations of orders for protection.

Terms To Know

Order for Protection: A court order that tells someone to stay away from another person or stop certain behaviors.
Mandatory Minimum Sentence: The least amount of jail time a judge must give someone who breaks the law, as set by law.

Limits and Unknowns

It is unclear how this will affect current cases that started before the new rules take effect.
If part of the bill is found to be illegal, other parts can still work as intended.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment reinstates mandatory minimum jail sentences for successive violations of the same order for protection, removing the distinction between domestic and non-domestic violations.

Removes the distinction between domestic and non-domestic abuse when determining penalties for second or subsequent violations of an order for protection.
Increases the mandatory minimum jail sentence from thirty days to forty-five days for any violation after a second conviction, with a maximum fine of $1,000.

The amendment text is unclear about specific penalties for temporary restraining orders under section 586-4(e), which may need further clarification.
The effective date listed as July 1, 3000 appears to be an error or placeholder and should likely be a future real date.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-14 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4).
2025-02-14 H
Reported from HSH (Stand. Com. Rep. No. 668) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-02-11 H
The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none.
2025-02-06 H
Bill re-scheduled to be heard by HSH on Tuesday, 02-11-25 9:45AM in conference room 329 VIA VIDEOCONFERENCE.
2025-01-31 H
Bill scheduled to be heard by HSH on Tuesday, 02-11-25 10:00AM in House conference room 329 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to HSH, JHA, referral sheet 1
2025-01-17 H
Introduced and Pass First Reading.
2025-01-16 H
Pending introduction.

Official Summary Text

RELATING TO ORDERS FOR PROTECTION.
Honolulu Prosecuting Attorney Package; Criminal Offenses; Sentencing; Violation of Order for Protection
Reinstates mandatory minimum jail sentences for successive violations of the same order for protection. Removes the distinction between domestic and non-domestic violations of an order for protection. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB383

HOUSE OF REPRESENTATIVES

H.B. NO.

383

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to orders for protection
.

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

����
SECTION
1
.
�
Section 586-11, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"
(a)
�
Whenever an
order for protection is granted pursuant to this chapter, a respondent or
person to be restrained who knowingly or intentionally violates the order for
protection shall be guilty of a misdemeanor.
�

A person convicted under this section shall be ordered by the court to
complete an assessment at any available domestic violence program
and
shall complete a domestic violence intervention or anger management course as
determined by the domestic violence program.
�

The court additionally shall sentence
a person convicted under this section as follows:

����
(1)
�
For
a first conviction for violation of the order for protection[
:

���������
(A)
�
That is in the nature of non-domestic abuse, the person may be
sentenced to a jail sentence of forty-eight hours and be fined no more than
$150; or

���������
(B)
�
That is in the nature of domestic abuse, the person shall be
sentenced to a mandatory minimum jail sentence of no less than forty-eight
hours and be fined no less than $150 nor more than $500;
]
, the person
shall be sentenced to a mandatory minimum jail sentence of forty-eight hours
and be fined no more than $150;

����
(2)
�
For
a second conviction for violation of the order for protection[
:

���������
(A)
�
That is in the nature of non-domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
non-domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $250;

���������
(B)
�
That is in the nature of domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than thirty days and be fined no less than $250 nor more
than $1,000;

���������
(C)
�
That is in the nature of non-domestic abuse, and occurs after a
first conviction for violation of the same order that was in the nature of
domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $250; or

���������
(D)
�
That is in the nature of domestic abuse, and occurs after a
first conviction for violation of the same order that is in the nature of
non-domestic abuse, the person shall be sentenced to a mandatory minimum jail
sentence of no less than forty-eight hours and be fined no more than $150; and
]
,
the person shall be sentenced to a mandatory minimum jail sentence of no less
than thirty days and be fined no more than $250; and

����
(3)
�
For
any subsequent violation that occurs after a second conviction for violation of
the same order for protection, the person shall be sentenced to a mandatory
minimum jail sentence of not less than [
thirty
]
forty-five
days and
be fined not less than $250 nor more than $1,000;

provided that the court shall not sentence a
defendant to pay a fine unless the defendant is or will be able to pay the
fine.

����
Upon conviction and sentencing of the
defendant, the court shall order that the defendant immediately be incarcerated
to serve the mandatory minimum sentence imposed; provided that the defendant
may be admitted to bail pending appeal pursuant to chapter 804.
�
The court may stay the imposition of the
sentence if special circumstances exist.

����
[
The court may suspend any jail sentence
under subparagraphs (1)(A) and (2)(C), upon condition that the defendant remain
alcohol- and drug-free, conviction-free, or complete court-ordered assessments
or intervention.
]
�
Nothing in this
section shall be construed as limiting the discretion of the judge to impose
additional sanctions authorized in sentencing for a misdemeanor offense.
�
All remedies for the enforcement of judgments
shall apply to this chapter."

����
SECTION
2.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION
3.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the invalidity
does not affect other provisions or applications of the Act that can be given
effect without the invalid provision or application, and to this end the
provisions of this Act are severable.

����
SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION
5.
�
This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Honolulu
Prosecuting Attorney Package; Criminal Offenses; Sentencing; Violation of Order
for Protection

Description:

Reinstates
mandatory minimum jail sentences for successive violations of the same order
for protection.
�
Removes the distinction
between domestic and non-domestic violations of an order for protection.
�
Eliminates the court's ability to suspend mandatory
minimum sentences.

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