HOUSE OF REPRESENTATIVES
H.B. NO.
1283
THIRTY-THIRD LEGISLATURE, 2025
H.D. 2
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO FAMILY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"[Underlined: §584- ] [Underlined: Domestic abuse; exemption from mediation in paternity proceedings.] [Underlined: (a) In contested paternity proceedings where there are allegations of domestic abuse, 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.]
[Underlined: (b) A mediator who receives a referral or 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:]
[Underlined: (1)] [Underlined: Mediation is authorized by the alleged victim of the domestic abuse; and]
[Underlined: (2)] [Underlined: 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.]
[Underlined: (c) The court shall not require a party alleging domestic abuse to participate in any component of any mediation program against the wishes of that party if a temporary restraining order or a protective order is in effect with regard to the parties.]
[Underlined: (d) If 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:]
[Underlined: (1)] [Underlined: Mediation is authorized by the alleged victim of the domestic abuse; and]
[Underlined: (2)] [Underlined: 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.]
[Underlined: (e) As used in this section, "domestic abuse" has the same meaning as in section 586-1.]"
SECTION 2. Section 580-41.5, Hawaii Revised Statutes, is amended to read as follows:
"§580-41.5 [[Struck through: Battered spouses;]] [Underlined: Domestic abuse;] exemption from mediation in divorce proceedings. (a) In contested divorce proceedings where there are allegations of [[Struck through: spousal]] [Underlined: domestic] abuse, the court shall not require a party alleging the [[Struck through: spousal]] [Underlined: domestic] abuse to participate in any component of any mediation program against the wishes of that party.
(b) A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of [[Struck through: family violence]] [Underlined: domestic abuse] between the parties. A mediator shall not engage in mediation when it appears to the mediator[Underlined: ,] or when either party asserts[Underlined: ,] that [[Struck through: family violence]] [Underlined: domestic abuse] has occurred[Underlined: ,] unless:
(1) Mediation is authorized by the [Underlined: alleged] victim of the [[Struck through: alleged family violence;]] [Underlined: domestic abuse;]
(2) Mediation is provided[Underlined: ,] in a specialized manner that protects the safety of the [Underlined: alleged] victim[Underlined: ,] by a mediator who is trained in [[Struck through: family violence;]] [Underlined: the field of domestic abuse;] and
(3) The [Underlined: alleged] victim [[Struck through: is permitted to]] [Underlined: may] have in attendance at mediation[[Struck through: ,]] a supporting person of the [Underlined: alleged] victim's choice[Underlined: ,] including but not limited to an attorney or advocate. If the [Underlined: alleged] victim chooses to exercise [[Struck through: such]] [Underlined: this] option, any other party to the mediation [[Struck through: will be permitted to]] [Underlined: may] have in attendance at mediation[[Struck through: ,]] a supporting person of [[Struck through: the]] [Underlined: that] party's choice[Underlined: ,] including but not limited to an attorney or advocate.
(c) In a proceeding concerning the custody or visitation of a child, if a [Underlined: temporary restraining order or a] protective order is in effect[[Struck through: ,]] [Underlined: with regard to the parties,] the court shall not require a party alleging [[Struck through: family violence]] [Underlined: domestic abuse] to participate in any component of any mediation program against the wishes of that party.
(d) In a proceeding concerning the custody or visitation of a child, if [[Struck through: there is an allegation of family violence]] [Underlined: a party has alleged domestic abuse] and a [Underlined: temporary restraining order or a] protective order is not in effect[[Struck through: ,]] [Underlined: with regard to the parties,] the court may order mediation or refer either party to mediation only if:
(1) Mediation is authorized by the [Underlined: alleged] victim of the [[Struck through: alleged family violence;]] [Underlined: domestic abuse;]
(2) Mediation is provided[Underlined: ,] in a specialized manner that protects the safety of the [Underlined: alleged] victim[Underlined: ,] by a mediator who is trained in [[Struck through: family violence;]] [Underlined: the field of domestic abuse;] and
(3) The [Underlined: alleged] victim [[Struck through: is permitted to]] [Underlined: may] have in attendance at mediation[[Struck through: ,]] a supporting person of the [Underlined: alleged] victim's choice[Underlined: ,] including but not limited to an attorney or advocate. If the [Underlined: alleged] victim chooses to exercise [[Struck through: such]] [Underlined: this] option, any other party to the mediation [[Struck through: will be permitted to]] [Underlined: may] have in attendance at mediation[[Struck through: ,]] a supporting person of [[Struck through: the]] [Underlined: that] party's choice[Underlined: ,] including but not limited to an attorney or advocate.
[Underlined: (e) As used in this section, "domestic abuse" has the same meaning as in section 586-1.]"
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.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation
Description:
Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse. Effective 7/1/3000. (HD2)
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