Bill > HB198

This bill amends Hawaii's existing law regarding violations of temporary restraining orders by increasing the mandatory minimum jail sentence for a first-time offender from 48 to 72 hours and adding a requirement for mental health counseling. Specifically, when a person knowingly violates a temporary restraining order, they will now be required to serve a mandatory minimum of 72 hours in jail, undergo mental health counseling, and pay a fine between $150 and $500. The bill maintains existing provisions for more severe penalties if the offender has prior convictions for specific serious felonies, such as murder, assault, sexual assault, or stalking, particularly when those offenses were committed against a family or household member. For second and subsequent violations of a temporary restraining order, the mandatory minimum jail sentence remains 30 days, with fines ranging from $250 to $1,000. The law allows judges some discretion in sentencing, such as the ability to stay the sentence if special circumstances exist, but mandates that the minimum sentences cannot be suspended. The bill aims to strengthen protections for individuals with temporary restraining orders by imposing stricter penalties and requiring mental health intervention for those who violate these protective orders.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=198&year=2026