Summary
This Hawaii Intermediate Court of Appeals summary disposition order affirms defendant David S. Cichy’s criminal conviction for violating an order for protection. The court reviews three assigned errors, holding that the complaint sufficiently provided notice of the order and the specific prohibited conduct, and that the statutory oath requirement under HRS § 805-1 does not apply to complaints filed after an arrest. Applying de novo review and post-conviction liberal construction standards, the court finds no reversible error or prejudice.
Topics
Practice areas
Questions Presented
- Whether the complaint failed to allege that Cichy had notice of the Order for Protection under HRS §586-6.
- Whether the complaint failed to allege the specific terms of the Order for Protection that Cichy allegedly violated.
- Whether the complaint complied with HRS §805-1 regarding oath or declaration requirements.
Holdings
- The complaint satisfied the notice requirement; the appellate court affirms the trial court’s finding that Cichy had notice.
- The complaint adequately alleged the specific prohibited conduct; Cichy had notice of the terms he violated.
- The complaint’s lack of an oath or declaration does not require reversal because Thompson’s holding is limited to complaints seeking a penal summons or arrest warrant.
Key quotations
“the complaint "cannot within reason be construed to charge a crime."” (at 1)
Factual background
Cichy was served with a temporary restraining order and an Order for Protection in November 2021. He allegedly violated the order by leaving voicemail messages to the protected party on several dates in February 2022. The Family Court found him guilty of violating the Order for Protection and sentenced him.
Procedural history
The Family Court entered a temporary restraining order and then an Order for Protection against Cichy. Cichy was served with the Order and subsequently charged with four violations. He moved to dismiss the complaint on notice and affidavit grounds, which the trial court denied. A jury found him guilty on all counts and entered a judgment of conviction and sentence on June 23, 2022. Cichy appealed.