Free Order for Pre-Decree Relief - Hawaii


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Date: June 26, 2006
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State: Hawaii
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Preview Order for Pre-Decree Relief
STATE OF HAWAI`I FAMILY COURT FIRST CIRCUIT

ORDER FOR PRE-DECREE RELIEF

CASE NUMBER FC-D NO.

Name, address, and telephone number of [ ] Movant [ ] Attorney for Movant: ____________________________________________ PLAINTIFF vs. ____________________________________________ DEFENDANT

A. IT IS HEREBY ORDERED as follows: [ x] 1. Both parties shall appear at the Family Court of the First Circuit, Kaahumanu Hale, Second Floor, 777 Punchbowl Street, Honolulu, Hawai`i for a hearing on this motion on Wednesday, ________________________________________ at 1:30 p.m. 2. This motion must be served on the Respondent by no later than noon on the Friday of the first week following the week in which this motion is filed. If service is made other than by personal service within the Circuit this motion must be served on the Respondent no later than twenty (20) calendar days (including weekends and holidays) prior to the first hearing on this motion. If service is not timely made the Movant shall appear before the Family Court on the date and time set forth above and state the reasons why. A new hearing date shall then be set by the Family Court. 3. Any supplements to this motion, including further supporting affidavits, must be filed and served on the Respondent by no later than noon on the Friday of the first week following the week in which this motion is filed. 4. Any written response to be presented by the Respondent in response to this motion must be filed and served on the Movant by no later than noon on the Friday prior to the hearing on this motion. 5. By no later than noon on the Friday prior to the hearing on this motion, the Respondent shall (a) provide the Movant with a copy of his or her two (2) most recent pay statements, last W-2 statement, and last federal individual income tax return, and (b) file with the Court and provide to the Movant current Income and Expense and Asset and Debt Statements.

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B. THE COURT HEREBY FINDS as follows: [ ] 1. The Respondent owns, intends to obtain or transfer ownership of, or possesses (a) firearm(s) or ammunition, and the firearm(s) may be used to threaten, injure or abuse the Movant, the parties' child/ren, and/or some other person or persons. 2. The Respondent's name, address, date of birth, telephone number, and social security number are set forth in the foregoing motion.
Order for Pre-Decree Relief
1F-P-512

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Revised 10/04/04
Reprographics(6/06)1F

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C. IT IS ALSO ORDERED as follows: [ ] Until further order of the Court the Respondent shall be, and is hereby, enjoined and restrained from threatening, abusing or harassing the Movant and/or the parties' child/ren. The Respondent shall be, and is hereby, prohibited from possessing, controlling, or transferring ownership of any firearm, ammunition, firearm permit, or license. All permits and licenses are hereby revoked. The Respondent shall immediately surrender all firearms, ammunition, permits, and licenses to any police officer or the Firearms Unit, Main Station, Honolulu Police Department, 801 S. Beretania Street, Honolulu.

D. IT IS ALSO ORDERED that until further order of the Court the Respondent shall be, and is hereby, enjoined and restrained from: [ ] 1. transferring, encumbering, wasting, or otherwise disposing of any of his or her real or personal property, except as necessary, over and above current income, for the ordinary course of business or for usual current living expenses. 2. removing the minor child/ren of the parties from the City and County of Honolulu.

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E. IT IS ALSO ORDERED as follows: [ ] [ ] 1. This order and the documents appended to it shall be served on the Respondent by a member of the Honolulu Police Department. 2. The Movant shall mail or deliver a filed copy of this order to the Firearms Unit, Main Station, Honolulu Police Department, 801 S. Beretania Street, Honolulu.

THIS ORDER shall be effective upon service on the Respondent and shall remain in effect until the further order of the Court. ANY VIOLATION OF THIS ORDER IS A MISDEMEANOR AND MAY BE PUNISHABLE BY A JAIL SENTENCE. THE POLICE AND ANY OTHER LAW ENFORCEMENT OFFICER SHALL ENFORCE THIS ORDER PURSUANT TO HAWAI`I REVISED STATUTES CHAPTERS 134 AND 586 AND HAWAI'I REVISED STATUTES SECTIONS 571-8.5 AND/OR 580-10, AS APPLICABLE.

DATE

CLERK OF THE ABOVE-ENTITLED COURT

DATE

JUDGE OF THE ABOVE-ENTITLED COURT

Revised 10/04/04
Reprographics(6/06)1F

Order for Pre-Decree Relief
1F-P-512