A bill that would stiffen penalties for violating a temporary restraining order passed the state legislature after the Senate dropped its objections to House amendments last week.
Senate Bill 295, Senate Draft 1, House Draft 1, increases fines and prison sentences for those convicted of violating a TRO, with penalties increasing for subsequent violations. It also directs courts to consider a defendant’s ability to pay when imposing fines.
“This bill ensures that violations of protective orders are taken seriously and that survivors have stronger protections under the law,” said Sen. Joy San Buenaventura. “It closes legal gaps and sends a clear message that domestic abuse will not be tolerated.”
Under the bill, a first conviction for violating a TRO would be punishable with a mandatory five-day jail sentence (up from 48 hours) and a fine of at least $300 (up from $150).
If the violator has a prior conviction for certain felonies — including murder, first- or second-degree assault, kidnapping, sexual assault, burglary and harassment by stalking — the penalties would be enhanced to a minimum of 30 days imprisonment and a minimum fine of $350.
“It reflects the community’s call for safer and more responsive laws,” Rep. Darius Kila said of the bill. “This legislation was worked on during the interim with our community partners and I am grateful that the Legislature recognized the urgency in passing it into law this session.”
Rep. Rachele Lamosao credited advocates including Monique Ibarra from the Domestic Violence Action Center, Angelina Mercado from the Hawaii State Coalition Against Domestic Violence and Lucita Ani-Nihoa (mother of Theresa Cachuela, who was murdered by her husband despite having a TRO against him) with helping to shape the measure.
“Survivors deserve a system that supports and protects them and their families,” she said. “This bill is an important step toward ensuring our laws are clear, compassionate and effective.”
SB295 was transmitted to Gov. Josh Green for final consideration.
Michael Tsaicovers local and state politics for Spectrum News Hawaii. He can be reached atmichael.tsai@charter.com.
