Terms Used In Hawaii Revised Statutes > Chapter 586C - Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Canadian domestic-violence protection order: means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction that relates to domestic violence and prohibits a respondent from:
  (1) Being in physical proximity to a protected individual or following a protected individual;
  (2) Directly or indirectly contacting or communicating with a protected individual or other individual described in the order;
  (3) Being within a certain distance of a specified place or location associated with a protected individual; or
  (4) Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual. See Hawaii Revised Statutes 586C-2
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Domestic protection order: means an injunction or other order issued by a tribunal that relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual. See Hawaii Revised Statutes 586C-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• housing owner: means :
  (1) A private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, that is a mortgagor under section 202, 207, 213, 221(d)(3), 221(d)(5), or 231 of the United States Housing Act of 1937, as amended, or that conforms to the standards of those sections but that is not a mortgagor under those sections or any other private mortgagor under the United States Housing Act of 1937, as amended, for very low-income, low-income, or moderate-income family housing, regulated or supervised under federal or state laws or by political subdivisions of the State, or agencies thereof, as to rents, charges, capital structure, rate of return, and methods of operation, from the time of issuance of the building permit for the project;
  (2) Any other owner of a standard housing unit or units deemed qualified by the authority; and
  (3) The authority. See Hawaii Revised Statutes 356D-152
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Issuing court: means the court that issues a Canadian domestic-violence protection order. See Hawaii Revised Statutes 586C-2
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement officer: means an individual authorized by law of this State other than this chapter to enforce a domestic protection order. See Hawaii Revised Statutes 586C-2
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Hawaii Revised Statutes 586C-2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Protected individual: means an individual protected by a Canadian domestic-violence protection order. See Hawaii Revised Statutes 586C-2
• qualified tenant: means any single person or family, pursuant to criteria and procedures established by the authority, who has been determined to have an income not exceeding the income limit as determined by the authority pursuant to rules adopted by the authority; provided that the income limit shall not exceed ninety-five per cent of the annual median income as determined by the United States Department of Housing and Urban Development; provided further that the qualified tenant's primary place of residence shall be in the State or the qualified tenant intends to make the State the qualified tenant's primary place of residence. See Hawaii Revised Statutes 356D-153
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 586C-2
• Respondent: means an individual against whom a Canadian domestic-violence protection order is issued. See Hawaii Revised Statutes 586C-2
• State: includes a federally recognized Indian tribe. See Hawaii Revised Statutes 586C-2
• tenant: shall include a person or family who satisfies the foregoing requirements and is a member of a cooperative who, upon resale of the member's membership to the cooperative, will not be reimbursed for more than fifty per cent of any equity increment accumulated through payments under this part. See Hawaii Revised Statutes 356D-153
• Tribunal: means a court, agency, or other entity authorized by law of this State other than this chapter to establish, enforce, or modify a domestic protection order. See Hawaii Revised Statutes 586C-2