AFFIRMATIVE DEFENSE: CUSTODIAL INTERFERENCE

AFFIRMATIVE DEFENSE: CUSTODIAL INTERFERENCE IN THE FIRST DEGREE: H.R.S. § 707-726(2) (Applicable to offenses occurring on or after June 12, 1996) It is an affirmative defense to a charge of Custodial Interference that the Defendant had good cause for the [violation of the domestic abuse protective court order] [taking, detaining, concealing, or enticing away of the minor] [removing the minor from the State]; provided that the Defendant filed a report with the clerk of the family court detailing the whereabouts of the minor and the Defendant, and the circumstances of the event as soon as the filing of the report was practicable; and also filed a request for a custody order as soon as the filing of the request was practicable. "Good cause" means a good faith and reasonable belief that the taking, detaining, concealing, enticing away, or removing of the minor is necessary to protect the minor from immediate bodily injury. Notes H.R.S. §§ 707-726(2). For definition of terms defined by H.R.S. Chapter 707, see instruction: For definition of "affirmative defense," see instruction