The safety of the public and police personnel shall be the primary consideration in serving or enforcing any
court-issued gun violence protective order (GVPO).
DEFINITIONS
A. Ex parte GVPO: An order issued by the Family Court pursuant to Act 150 and Section 134-D, Hawaii Revised Statutes (HRS), which prohibits a respondent from owning, purchasing, possessing, receiving, or having in the respondent’s custody or control any firearm or ammunition until a court-scheduled hearing for a
one-year GVPO.
B. Family or household member: Any spouse or reciprocal beneficiary, former spouse or reciprocal beneficiary, person with whom the respondent has a child in common, parent, child, person related by consanguinity or adoption, person jointly residing or who formerly jointly resided with a respondent in the same dwelling unit, person who has or has had a dating relationship, or person who is or has acted as the respondent’s legal guardian. This definition includes a person who is an adult roommate or a cohabitant of a respondent.
C. One-year GVPO: An order issued by the Family Court pursuant to Act 150 and Section 134-E, HRS, which prohibits a respondent from owning, purchasing, possessing, receiving, or having in the respondent’s custody or control any firearm or ammunition for a period of one year.
D. Petitioner: A law enforcement officer, family or household member, medical professional, educator, or colleague of a respondent who files a petition pursuant to Sections 134-D and 134-E, HRS.
E. Respondent: The person identified in the petition filed pursuant to Sections 134-D and 134-E, HRS.
GENERAL RULES GOVERNING THE SERVICE OF GVPOS
A. A GVPO shall be served only during the hours indicated on the order. In particular, GVPOs shall not be served on premises during the restricted hours when the premises are closed to the public unless a judge has given written authorization to do so.
B. A GVPO is considered “served” upon a respondent if all of the following conditions are satisfied:
1. Identification of the respondent has been established;
2. The respondent has been made aware of the existence of the order; and
3. The respondent has been provided a copy of the order.
Reasonable efforts should be made to serve any type of GVPO and to recover all firearms and ammunition covered by such orders.
Officers shall enforce all valid court-issued GVPOs.