§571-42 Procedure in adult cases. (a) In any criminal proceeding arising under section 571-14, except as to cases involving abuse of a family or household member, the court, with the consent of the defendant or the parties in interest, may make a preliminary investigation and such adjustment as is practicable, without prosecution. The procedure and disposition applicable in the trial of cases arising under section 571-14, including cases involving abuse of a family or household member, in a criminal court shall be applicable to any trial of these cases by the family court. On request of the court, the appropriate prosecuting officer shall prepare and prosecute any criminal case within the purview of section 571-14.

(b) Where in the judge's opinion it is necessary to protect the welfare of the persons before the court, the judge may conduct hearings in chambers and may exclude persons having no direct interest in the case.

(c) In proceedings arising under section [571-14(a)(3), (4), or (5)], the court may make a preliminary investigation and, with the consent of the parties in interest, may make such adjustment as is practicable without further formal procedures.

(d) In any noncriminal proceeding arising under section 571-14, any findings of fact or disposition shall be based upon a preponderance of evidence admissible under the rules of evidence applicable to the trial of civil cases. [L 1965, c 232, pt of §1; Supp, §333-20; HRS §571-42; am L 1976, c 85, §10; gen ch 1985; am L 1997, c 25, §1]

Rules of Court

Findings by court, see HFCR rule 52.

Case Notes

Informal adjustment is clearly addressed to the discretion of the trial court. 8 H. App. 497, 810 P.2d 668 (1991).

Informal adjustment done after defendant entered guilty plea to charge of abuse of family and household members (§709-906), was not done "without prosecution". 10 H. App. 148, 861 P.2d 759 (1993).

No equal protection violation for use of preponderance of evidence standard of proof for §586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404 (1997).

Under §571-14(a)(8) and this section, family court is vested with exclusive jurisdiction over chapter 586 proceedings and applicable standard of proof to be applied in those proceedings is preponderance of the evidence. 85 H. 197 (App.), 940 P.2d 404 (1997).