§586-11
Violation of an order for protection. (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, the person shall be
sentenced to a mandatory minimum jail sentence of no less than five days and be
fined no less than $300 nor more than $500;
provided that
any conviction for violation of a temporary restraining order under
section 586-4(e), issued under the same judicial case number as the order for
protection, shall be treated as a prior violation of an order for protection;
and
(2) For the
second and any subsequent conviction for violation of the order for protection
that occurs after a first conviction for violation of the same order or
conviction for a violation of the temporary restraining order under section
586-4(e), issued under the same judicial case number as the order for
protection, the person shall be sentenced to a mandatory minimum jail sentence
of no less than forty-five days and be fined no less than $500 nor more than
$1,000;
provided that
the court shall not sentence a defendant to pay a fine if the court
makes an on-the-record determination that
the defendant is or will be unable 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 paragraphs (1) and (2), upon condition that the defendant remain alcohol- and
drug-free, conviction-free, and 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.
(b) Any
fines collected pursuant to subsection (a) shall be deposited into the spouse
and child abuse special account established under section 601-3.6. [L
1982, c 123, pt of §2; am L 1992, c 290, §6; am L 1993, c 229, §1; am L 1999, c
200, §2; am L 2008, c 180, §§2, 6; am L 2009, c 11, §19; am L 2023, c 23, §2;
am L 2025, c 121, §2]
Case Notes
Hawaii violation for breach of a protective order is not
similar to contempt of court for sentencing purposes. 631 F.3d 1021 (2011).
Family court's dismissal of petition alleging misdemeanor
under section upheld where, under §586-6, defendant not personally served with
protective order and not present at hearing at which order issued, despite
defendant's actual knowledge of order. 72 H. 493, 824 P.2d 106 (1992).
Allegations in its bill of particulars, to which the State's
proof was limited, that defendant argued with wife about visitation at wife's
residence, was insufficient to constitute a violation of this section, where
order of protection allowed limited contact with defendant's wife for the
purpose of visitation. 92 H. 449 (App.), 992 P.2d 718 (1999).
Pursuant to this chapter, absent special circumstances, the
family court should not be involved in any stage of the prosecution of an
allegation of a knowing or intentional violation of a protective order by an
adult person, including the stage where the allegations are referred to the
police or the prosecutor, other than to simply advise interested parties that
the proper place to present such allegations is to the police or the
prosecutor, not to the family court. 99 H. 363 (App.), 55 P.3d 856 (2002).
When defendant knowingly contacted wife to discuss a topic
other than visitation, defendant violated this section. 105 H. 274 (App.), 96
P.3d 603 (2004).
Notes of Decisions
Cited in
43
cases (
11 in the last 5 years), 1992–2026 · leading case:
State v. PECPEC, 276 P.3d 589 (Haw. 2012).
State v. PECPEC, 276 P.3d 589 (Haw. 2012).
· cites it 13× “HRS § 586-11 (a)(1)(A) provides: (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 is guilty of a misdemeanor.”
State v. Dudoit, 978 P.2d 700 (Haw. 1999).
· cites it 4× “The relevant amendment to HRS § 586-11 provided as follows: (1) For a violation of the order for protection that occurs after a conviction for a violation of the same order, a violator shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours;…”
State v. Corder, 220 P.3d 1032 (Haw. 2009).
· cites it 8× “] HRS § 586-11 (a)(1)(A) (2006). .In his Motion to Dismiss or for Bill of Particulars, Corder details the conduct underlying Count II and Count III and states that such information came from "discovery provided to Defendant by the prosecution.”
State v. Valenzona, 992 P.2d 718 (Haw. App. 1999).
· cites it 9× “1 *450 HRS § 586-11 (1993) imposes criminal sanctions for violation of a HRS § 586-5.”
State v. Abregano., 363 P.3d 838 (Haw. 2015).
· cites it 5× “Although HRPP Rule 482 requires that a 1 Specifically, Abregano was charged with violating HRS § 586-11 (Supp. 2012) which provides, in relevant part: “When an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or…”
Hamilton Ex Rel. Lethem v. Lethem, 270 P.3d 1024 (Haw. 2012).
· cites it 5× “) HRS § 586-11 (2006 Repl.) provides in relevant part: § 586-11 Violation of an order for protection.”
State v. Rita, 513 P.3d 437 (Haw. App. 2022).
· cites it 4× “On July 9, 2019, Plaintiff-Appellee State of Hawai#i (State) charged Rita via Complaint with Violation of an Order for Protection in violation of HRS § 586-11(a). On 4 Rita appeals from the FOFs/COLs and Order Denying Motion to Dismiss, but his Opening Brief does not quote any…”
State v. Medina, 824 P.2d 106 (Haw. 1992).
· cites it 8× “On September 4, 1990, the State petitioned the Family Court of the Third Circuit, alleging that by contacting Laminman, Medina had committed a misdemeanor under HRS § 586-11. Despite evidence that Medina had actual knowledge of the order the Family Court dismissed the petition,…”
State v. Sumera, 39 P.3d 557 (Haw. 2002).
· cites it 4× “Nine days before sentencing for the first case, Defendant was charged in another case with terroristic threatening in the second degree, HRS §§ 707-715(1) (1993) and 717(1) (1993), 2 and violation of an order for protection, HRS § 586-11 (Supp.2000), 3 (FC-CR *432 No.”
State v. Aki, 77 P.3d 948 (Haw. App. 2003).
· cites it 2× “2003), in which the subject offense was violation of an order for protection, a violation of HRS § 586-11 (Supp.2002) (in pertinent part, "a respondent or person to be restrained who knowingly or intentionally violates the order for protection is guilty of a misdemeanor”), id.”
State v. Sugihara, 68 P.3d 635 (Haw. App. 2003).
· cites it 2× “” HRS § 586-11 (Supp.2002) provides, in relevant part: "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 is guilty of a misdemeanor.”
State v. Swanson, 145 P.3d 886 (Haw. App. 2006).
· cites it 2× “j HRS § 586-11(a) (Supp.2005) provides, in pertinent part: (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 is guilty of a misdemeanor.”
— Haw. Rev. Stat. § 586-11(a) — 13 cases
State v. Rita, 513 P.3d 437 (Haw. App. 2022).
“On July 9, 2019, Plaintiff-Appellee State of Hawai#i (State) charged Rita via Complaint with Violation of an Order for Protection in violation of HRS § 586-11(a). On 4 Rita appeals from the FOFs/COLs and Order Denying Motion to Dismiss, but his Opening Brief does not quote any…”
State v. PECPEC, 276 P.3d 589 (Haw. 2012).
“HRS § 586-11 (a)(1)(A) provides: (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 is guilty of a misdemeanor.”
State v. Swanson, 145 P.3d 886 (Haw. App. 2006).
“j HRS § 586-11(a) (Supp.2005) provides, in pertinent part: (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 is guilty of a misdemeanor.”
State v. Abregano., 363 P.3d 838 (Haw. 2015).
“Although HRPP Rule 482 requires that a 1 Specifically, Abregano was charged with violating HRS § 586-11 (Supp. 2012) which provides, in relevant part: “When an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or…”
— Haw. Rev. Stat. § 586-11(a)(1)(A) — 6 cases
State v. PECPEC, 276 P.3d 589 (Haw. 2012).
“HRS § 586-11 (a)(1)(A) provides: (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 is guilty of a misdemeanor.”
State v. Corder, 220 P.3d 1032 (Haw. 2009).
“] HRS § 586-11 (a)(1)(A) (2006). .In his Motion to Dismiss or for Bill of Particulars, Corder details the conduct underlying Count II and Count III and states that such information came from "discovery provided to Defendant by the prosecution.”
— Haw. Rev. Stat. § 586-11(a)(2)(A) — 1 case
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