Hawaii Senate Bill SB460

Hawaii 2026 Regular Session

• Introduced: 1/16/25
• Refer: 1/21/25

Caption

RELATING TO DOMESTIC ABUSE.

Summary

SB460 would amend Hawaii’s domestic abuse and family court statutes to make clear that a minor who lives in the same household as a victim of domestic abuse may seek protection even if the minor was not the direct target of the abuse. The bill states that the court may not require such a minor complainant to prove they personally were abused if the petition alleges they resided with the victim of domestic abuse. It also expands the temporary restraining order statute to expressly include a minor who was not the victim but lived in the same household as the victim. The measure is framed as a child-protection and trauma-prevention bill. Its findings emphasize that children who witness domestic violence can suffer serious emotional, behavioral, and long-term health harms, and that they may need access to court protection to interrupt that cycle. The bill takes effect upon approval and applies prospectively, without affecting already matured rights, penalties, or pending proceedings.

Impact

SB460 would amend sections 586-3 and 568-4 of the Hawaii Revised Statutes to broaden standing in domestic abuse protection proceedings. In practice, it would allow minors living in the same household as an abused parent or guardian to petition for an order of protection or ex parte temporary restraining order without having to show they were personally abused. This would affect family court procedures, petition forms, and judicial review standards for domestic violence-related relief, and could increase access to protective orders for children exposed to abuse in the home.

Sentiment

The bill’s stated purpose and framing suggest strong support for protecting children exposed to domestic violence. The legislative findings present a clear policy rationale centered on child welfare, trauma, and prevention of future violence. No committee testimony or recorded votes were provided, so there is no direct evidence of opposition or amendment activity in the available record. The referral to HHS and JDC indicates the bill was being considered through health/social services and judiciary channels.

Contention

The main policy issue is whether minors who are not themselves direct victims should be allowed to initiate or receive protective relief based solely on living with a domestic violence victim. Supporters would likely view this as necessary to protect children who are harmed by witnessing abuse, while any concerns would likely focus on procedural safeguards, the scope of standing, and whether the petition standard is sufficiently clear for courts. The bill also touches on family court authority and the breadth of ex parte restraining orders, but no specific opposition was recorded in the provided materials.