(a) A protective order issued pursuant to § 587A-38 shall be served either personally or by certified mail on each party to be restrained. In the case where a party was present at the hearing during which the protective order was issued, that party shall be deemed to have notice of the order.

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Terms Used In Hawaii Revised Statutes 587A-39

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 587A-4
  • Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 587A-4
  • Party: means an authorized agency; a child who is subject to a proceeding under this chapter; the child's parents and guardian ad litem; any other person who is alleged in the petition or who is subsequently found at any child protective proceeding to be encouraging, causing, or contributing to the acts or conditions that brought the child within the scope of this chapter; and may include any other person, including the child's current foster parent or current resource family, if the court finds that such person's participation is in the best interest of the child; provided that the court may limit a party's right to participate in any child protective proceeding if the court deems such limitation of such party's participation to be consistent with the best interests of the child and such party is not a family member who is required to be summoned pursuant to § 587A-13, except as otherwise provided in this chapter. See Hawaii Revised Statutes 587A-4
(b) The court may order the police department to serve a protective order issued pursuant to § 587A-38 upon each party to be restrained, to accompany a protected party to that party’s dwelling or residence, and to place the protected party in possession of that party’s dwelling or residence.
(c) Within twenty-four hours after its issuance, a protective order issued pursuant to § 587A-38 shall be transmitted by the clerk of the court to the appropriate county police department.