CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS. CASE NO. 2DCW-12-0000362.
James S. Tabe for petitioner.
RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.
[135 Hawai'i 373] OPINION
Richard W. Pollack,
This case presents the question of whether the phrase " residence, including yard and garage" in an injunction order encompasses the outer area of the protected person's 1,000-acre property, far removed from the vicinity of the person's home. We hold that it does not.
A. The Injunction Order and the Alleged Violation
John Varel owns, and lives with his wife on a one-thousand-acre property in Waihe'e, Maui County. On September 14, 2009, the District Court of the Second Circuit (district court) granted a petition for injunction against harassment (Injunction Order) filed by Varel, pursuant to
Hawai'i Revised Statutes (HRS) § 604-10.5(b) (Supp. 1999). The Injunction Order was directed against Evans Guyton, and it was effective for three years from the issuance date. The Injunction Order stated as follows:
IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. The Petition is granted.
2. The Ex Parte Temporary Restraining Order herein is made absolute as of July 21, 2009
3. The Respondent(s) and any other (sic) person acting on behalf of the Respondent(s) is hereby restrained and enjoined from:
a. [[x]] Contacting, threating [sic], or physically harassing the Petitioner(s) and any person(s) residing at Petitioner(s)' residence
b. [[x]] Telephoning the Petitioner(s)
c. [[x]] Entering or visiting the Petitioner(s)' residence, including yard and garage and
[[x]] place of employment.
[135 Hawai'i 374]
4. Said injunction shall be effective as of 9/14/2009 and shall be in full force and effect for a period of month(s) 3 year(s) from said date unless terminated or modified by appropriate orders by this Court.
Todd Arnold (Arnold), a private contractor farmer for Varel, also resides on Varel's property. On February 19, 2012, at around 10:30 a.m., Arnold was hiking with his family on the ridges located on Varel's property. As they reached the area toward the top of the ridges, Arnold observed Guyton dirt biking in the company of other riders.
As a result of this incident, the State filed a complaint charging Guyton, pursuant to HRS § 604-10.5(h), with the offense of violation of a restraining order or injunction. Specifically, the complaint charged Guyton with " entering and/or visiting the premises including yard and garage of the residence, and/or place of employment" of Varel on February 19, 2012.
B. Bench Trial
A bench trial commenced on February 22, 2013. Varel described his 1,000-acre property as consisting of a commercial macadamia nut farm, conservation land, and his residence. In describing the expanse of his property, Varel testified that it " runs about a mile and a quarter parallel to the highway and then a mile and a quarter back all the way up to the watershed." ...