Preview:

NO. 24236 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

JULIANA MONET, Plaintiff-Appellee, v. SAM MONET, Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-DA NO. 97-1562) MEMORANDUM OPINION Burns, C.J., Lim and Foley, JJ.)

(By:

In this domestic abuse case, FC-DA No. 97-1562, Defendant-Appellant Sam Monet (Sam or Defendant) appeals from the February 21, 2001 Extended Order for Protection, entered in the Family Court of The First Circuit by District Family Judge Marilyn Carlsmith, which extended the November 20, 1997 Order for Protection to February 21, 2004. We conclude that the family

court erred when it granted the November 20, 2000 motions by Plaintiff-Appellee Juliana R. Monet1 (Juliana or Plaintiff) to extend the alleged existing Order for Protection because there was no evidence of an existing Order for Protection. Consequently, the February 21, 2001 Extended Order for Protection expiring on February 21, 2004, is void.

1

Plaintiff-Appellee Juliana R. Monet is now known as Juliana R.

Simone.

BACKGROUND On November 6, 1997, at a time when Sam and Juliana were husband and wife, Juliana commenced this domestic abuse case by filing an Ex Parte Petition for a Temporary Restraining Order for Protection and Statement. District Family Judge Darryl Y. C.

Choy entered the requested temporary restraining order. At the conclusion of a hearing on November 20, 1997, Judge Choy entered an Order for Protection valid until November 20, 2000.2 On November 21, 1997, Sam filed his notice of appeal of the November 20, 1997 Order for Protection. On February 27,

1998, in appeal No. 21149, the Hawai#i Supreme Court entered an

2 Hawaii Revised Statutes (HRS)

Download Monet v. Monet.pdf

Hawaii Law