HAWAII : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Hawaii law defines domestic abuse as the occurrence of one or more of the following things between family or household members:
You can seek a family court order of protection for you or for your minor child if the person who has committed acts of domestic abuse is a family or household member. Examples include:
Note: A parent may file on behalf of a minor child and a guardian may file on behalf of an incapacitated or disabled person. Additionally, same-sex couples are eligible to file.
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Temporary restraining orders
For domestic violence cases, the Family Court issues a Temporary restraining order. The TRO is valid for up to 90 days. The TRO will prevent your abuser from doing some or all of the following:
After applying at Family Court, a judge will review your TRO. If the TRO is granted, an Order to Show Cause (OSC) hearing will be scheduled within 15 days. The purpose of the court hearing is to determine if protection should be extended beyond 90 days.
Final Order of Protection
A Final Family Court Order of Protection can only be issued after an Order to Show Cause hearing where you and your abuser both tell your sides of the story to a judge. The judge will then decide whether or not to grant you the final order of protection for a longer period of time. You will be granted whatever rights were included in your temporary order and others if the judge believes they are necessary. You must attend that hearing. If you do not go to the hearing, your temporary order will not be extended past 90 days.
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In a Family Court Order of Protection, a judge can order your abuser to:
The Order of Protection can also:
Whether a judge orders any or all of the above depends on the facts of your case.
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There is no filing fee to get a Family Court Order of Protection.
Although you do not need legal counsel to file for a Family Court Order of Protection, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.
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You must remember to enforce the order's provisions by reporting every violation to the police or the court. Write down the date, time, location, and what happened when your Order was violated.
Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. In addition, the police can arrest him.
When you call the police, they will send an officer out to make a report. Show the police your Temporary Order or Order of Protection. If the police witnessed the violation or if the abuser is still in the area, the police will most likely make an arrest. Show the police any physical injuries or property damage. If the defendant is harassing you by telephone, and your Order protects you from phone contact, hang up immediately. Call the police. Keep a log of the date and time of the call, and what was said.
The police will make a report, whether or not the abuser is arrested. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.
Do not contact the defendant. Should the defendant violate your Order, police and judges may take your report less seriously if you have been in touch with the defendant.
If no arrest was made, and/or you are uncertain of an arrest, call the Victim/Witness Assistance Division of the Prosecuting Attorney's Office as soon as possible. Tell them you made a police report for a TRO or Order of Protection violation.
If an arrest was made, it is not necessary to call the Prosecuting Attorney's Office because they will automatically become involved. However, if you need information or have questions about what to expect, call the Victim/Witness Assistance Division of the Prosecuting Attorney's Office.
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