State v Chau - Supreme Court Accepts Writ of Certiorari
Summary
The Hawaii Supreme Court has accepted a writ of certiorari in the case of State of Hawaiʻi v. Vihn Du Chau. The court will hear arguments on whether service is an element of the Violation of an Order for Protection offense following a 1998 amendment.
What changed
The Supreme Court of the State of Hawaiʻi has accepted the State's application for a writ of certiorari in State of Hawaiʻi v. Vihn Du Chau (SCWC-23-0000336). The court will schedule oral arguments to address a specific legal question: whether service is an element of the Violation of an Order for Protection offense, particularly in light of the 1998 amendment to Hawaiʻi Revised Statutes § 586-6.
This acceptance of certiorari means the case will proceed to further review by the state's highest court. Parties are required to submit supplemental briefs by April 10, 2026, not exceeding fifteen pages. This development is critical for legal professionals and courts involved in interpreting and applying the Violation of an Order for Protection statute, as the ruling could clarify a key element of the offense.
What to do next
- Submit supplemental briefs by April 10, 2026, not exceeding 15 pages.
Source document (simplified)
_______________________________________________________________ _______________________________________________________________ Electronically Filed Supreme Court SCWC-23-0000336 11-MAR-2026 07:47 AM Dkt. 5 OGAC SCWC-23-0000336 IN THE SUPREME COURT OF THE STATE OF HAWAIʻI STATE OF HAWAIʻI, Petitioner/Plaintiff-Appellant, vs. VIHN DU CHAU, also known as VIHN CHAU, also known as ERIC CHAU, Respondent/Defendant-Appellee. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-23-0000336; CASE NO. 2FFC-22-0000171) ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Wong, assigned by reason of vacancy) Petitioner State of Hawaiʻi’s application for writ of certiorari, filed on January 28, 2026, is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling. IT IS FURTHER ORDERED that the parties shall submit supplemental briefing addressing whether service is an element of the Violation of an Order for Protection offense following the 1998 amendment to Hawaiʻi Revised Statutes § 586-6.
Supplemental briefs shall be filed by April 10, 2026, and shall not exceed fifteen (15) pages. DATED: Honolulu, Hawaiʻi, March 11, 2026. /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Lisa M. Ginoza /s/ Vladimir P. Devens /s/ Paul B.K. Wong
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