HRS §634L-5
How the court handles abusive litigation claims
This section explains how a court handles a claim of abusive litigation. The court first checks if the parties are or were intimate partners and if the claimant is a domestic violence victim. If so, it holds a hearing to decide if the litigation is abusive. The claimant can attend remotely if they ask.
courtsdomestic partnersspouses
The statute, as written — Hearing; procedure
(a) If a party asserts that they are being subjected to abusive litigation, the court shall attempt to verify that the parties have or previously had an intimate partner relationship and that the party raising the claim of abusive litigation has been found to be a victim of domestic violence by the other party. If the court verifies that both elements are true or is unable to verify that they are not true, the court shall set a hearing to determine whether the litigation meets the definition of abusive litigation. (b) At the time set for the hearing on the alleged abusive litigation action, the court shall hear all relevant testimony and may require any affidavits, documentary evidence, or other records the court deems necessary. The court shall allow the party raising the claim of abusive litigation to attend the hearing remotely if requested by the party.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.