Hawai'i Legal News

  JD v. PD (ICA February 10, 2021) Background. Mother filed a petition for order for protection against Father and alleged domestic abuse of Mother and child. The allegations went back to 2015. The family court, the Hon. Judge Natasha R. Shaw presiding, granted the petition and issued a temporary restraining order. The family court also ordered the Department of Human Services to investigate, submit a report, and appear at the hearing on the petition for an order of protection.   At the hearing, the family court accepted two reports prepared by a social worker at DHS. At the hearing both parties, the child’s former teacher, and the DHS social worker testified. The family court granted the petition and issued an order for protection for five years. The family court found that Mother proved the allegations in the petition. The family court prohibited Father from contacting Mother and child except under fully supervised visitation and as needed for court.   Father...

State v. Bright (HSC June 3, 2020) Background. Justin Bright was the respondent in a petition for an order for protection in the family court. He agreed to the order that prohibited him from having contact with the petitioner. The order specifically laid out what to do when he happened to come across the petitioner in public: R espondent is prohibited from coming or passing within 100 yards of any place of employment or where the petitioner lives and within 100 feet of each other at neutral locations. In the event the parties happen to come upon each other at a neutral location, the subsequent arriving party shall leave immediately or stay at least 100 feet from the other. When the parties happen to come upon each other at the same time at a neutral location, the Respondent shall leave immediately or stay at least 100 feet from the Petitioner. Do not violate this order even if the Petitioner invites you to be at the place of employment or where the other lives. The order did not...

State v. Guyton (HSC June 8, 2015) Background. John Varel got a restraining order and later an injunction against Evans Guyton. The order prohibited Guyton from “[e]ntering or visiting [Varel’s] residence, including yard and garage.” Varel lives on a 1,000-acre property out in Waihee on Maui.  Guyton was later charged with violating a restraining order or injunction. HRS § 604-10.5(h). Specifically, the complaint alleged that Guyton of “entering and/or visiting the premises including yard and garage of the residence, and/or place of employment.” At his trial, Varel described his vast property, including a macadamia nut farm, conservation lands, and his residence. The property starts at the highway and goes all the way up the mountains to the watershed. He testified that he never gave anyone permission to dirt bike on the property. Todd Arnold testified that he was hiking on the Varel property when he saw Guyton riding his dirt bike with others along the ridges near the oute...

Hamilton v. Lethem (HSC February 2, 2012) Background. Lily Hamilton filed an ex parte petition for a temporary restraining order on behalf of her daughter, Amber. The TRO was filed against Christy Lethem, the father, and prohibited any contact with Amber. The TRO was granted. At the hearing, Amber testified about the three incidents. First, she testified that Lethem hit her because she lied to him. She said that he tried to hit her face, but she blocked him with her hand. In the second incident, Amber said that she started arguing with Lethem when he hit her. Amber went to her room and Lethem said, "Don’t make me do that again." As to the third incident, Amber testified that Lethem went to her school, pulled her out of class, and blamed her for financial problems. He also said that he was going to pull her out of school and that her younger sister was better than her. Lethem testified at the hearing. He admitted that he had had a strained relationship with Hamilton a...

Overruled Hamilton v. Lethem (ICA June 30, 2011) Background. Lily Hamilton filed a temporary restraining order (TRO) against Christy Lethem on behalf of their daughter, Amber. The TRO alleged three incidents in which Lethem physically assaulted Amber, threatened to physically assault her, and embarrassed her so badly that she suffered emotional distress. The TRO was granted and an evidentiary hearing was set. At the hearing, Amber testified about the three incidents. First, she testified that Lethem hit her because she lied to him. She said that he tried to hit her face, but she blocked him with her hand. In the second incident, Amber said that she started arguing with Lethem when he hit her. Amber went to her room and Lethem said, "Don’t make me do that again . . . . Don't make me hit you again." As to the third incident, Amber testified that Lethem went to her school, pulled her out of class, and blamed her for financial problems. He also said tha...

Murasko v. Loo (HSC March 7, 2011) Background. The Muraskos filed a petition for a temporary restraining order (TRO) and injunction against their neighbors, the Curells. District Court Judge Loo reviewed the petition, granted the TRO, and set a hearing to determine a longer injunction. The Curells, appearing pro se, filed a response denying the allegations. At the hearing, the parties presented evidence, Judge Loo granted the petition, and ordered a three year injunction to take effect August 10. On August 12, the Curells, now with counsel, filed a motion for an extension of time in order to file "post-verdict motions." Counsel for the Curells explained in the motion that he had been retained on August 5, and was unable to file any motions because he would be on vacation from August 11 through August 18. Counsel wanted to extend the time to Sept. 1. The district court granted the motion. On Sept. 1, the Curells filed a motion for a new trial pursuant to D...