NOT FOR PUBLICATION
NO. 26797
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
CRISTINA C. ANCHETA, Petitioner-Appellee, v.
ARNALDO P. ANCHETA, Respondent-Appellant
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-DA NO. 04-1-1418)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe and Nakamura, JJ.)
On August 23, 2004, after an evidentiary hearing, Judge Nancy Ryan entered an Order For Protection (OFP) expiring on February 23, 2006 (1). This OFP also awarded temporary legal and physical custody of Daughter to Cristina.
On September 3, 2004, Arnaldo filed a Notice of Appeal from the OFP. On November 1, 2004, the court entered findings of fact and conclusions of law. This case was assigned to this court on June 7, 2005.
Arnaldo's opening brief asserts, in relevant part, as follows:
STATEMENT OF POINTS OF ERROR
. . . .
(2) The court permitted and virtually encouraged the repeated misconduct of [Cristina's] counsel who offered and then referred to inadmissible evidence and conducted himself abusively and unprofessionally.
. . . .
QUESTION PRESENTED
(Record citations omitted.)
In accordance with Hawai`i Rules of Appellate Procedure Rule 35, and after carefully reviewing the record and the briefs submitted by the parties, and duly considering and analyzing the law relevant to the arguments and issues raised by the parties,
IT IS HEREBY ORDERED that the August 23, 2004 Order For Protection is affirmed.
DATED: Honolulu, Hawai`i, September 28, 2005.
On the briefs:
1. Hawaii Revised Statutes § 586-5.5 (Supp. 2004) states as follows:
Protective order; additional orders. (a) If, after hearing all relevant evidence, the court finds that the respondent has failed to show cause why the [temporary restraining] order should not be continued and that a protective order is necessary to prevent domestic abuse or a recurrence of abuse, the court may order that a protective order be issued for a further fixed reasonable period as the court deems appropriate.The protective order may include all orders stated in the temporary restraining order and may provide for further relief as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation and custody with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention services. . . .
(b) A protective order may be extended for such further fixed reasonable period as the court deems appropriate. Upon application by a person or agency capable of petitioning under section 586-3, the court shall hold a hearing to determine whether the protective order should be extended. In making a determination, the court shall consider evidence of abuse and threats of abuse that occurred prior to the initial restraining order and whether good cause exists to extend the protective order.The
extended protective order may include all orders stated in the
preceding restraining order and may provide such further relief as the
court deems
necessary to prevent domestic abuse or a recurrence of abuse, including
orders establishing temporary visitation and custody with regard to
minor children
of the parties and orders to either or both parties to participate in
domestic violence intervention services. The court may terminate the
extended
protective order at any time with the mutual consent of the parties.