Hawaii Domestic Violence Laws

For most people, home is a place of safety. That’s not always the case for victims of domestic violence. This type of abuse comes in many forms and is inflicted by a member of the victim’s family or household. Hawaii has laws in place to try to break the vicious cycle of threats and abuse that is common in domestic violence cases.

To provide a better understanding of domestic violence laws in Hawaii, we’ve gathered pertinent questions on the topic. For a detailed discussion of how Hawaii law works and the safeguards in place for the vulnerable, take a look at FindLaw’s Hawaii Family Law and Domestic Violence article.

What’s the definition of domestic violence in Hawaii?

Domestic violence laws were created to battle spousal abuse in Hawaii. Over time, they adapted and expanded their coverage as a subsection of Hawaii law.

Domestic violence occurs when certain offenses are committed between people in a specific type of relationship. The crimes are related to domestic abuse, and those involved are either family, romantic partners, or members of the same household.

A 2022 study by the Hawai’i State Coalition Against Domestic Violence (HSCADV) revealed that 18% of the Hawaii residents polled have experienced some sort of intimate partner violence. Hawaii law has protocols and protections keyed to situations involving domestic abuse.

Who can be involved in a domestic violence crime?

Most instances of domestic violence involve an abuser and at least one victim. Individuals who can be part of acts considered to be domestic violence are:

• Spouses or reciprocal beneficiaries
• Former spouses or former reciprocal beneficiaries
• People in a dating relationship, whether or not it’s intimate
• People who have a child in common
• Parents
• Children
• Family members (those related by blood)
• People who reside together or once resided together (this does not include financial arrangements such as roommates with little to no social interaction)

If someone commits a crime against you and it doesn’t involve one of the above categories, it’s still a crime. It just won’t be considered domestic violence.

What offenses are considered to be domestic violence in Hawaii?

There are instances when a specific Hawaii domestic violence code is applicable, but in many cases domestic abuse is attached to the underlying charge. For example, an assault charge is serious enough on its own, but a domestic violence assault charge triggers extra protections for the victim and a possible domestic violence intervention program for the abuser.

Instead of listing specific Hawaii codes for crimes that are eligible to be charged as domestic violence, below are the different types of abuse that are inflicted on victims:

• Physical harm/physical assault/physical abuse/bodily injury
• Threat of imminent physical harm/bodily injury/assault (the threatened action does not have to occur if it intimidated or caused fear for the victim)
• Extreme psychological abuse for the sake of causing emotional distress
• Malicious property damage
• Sexual assault
• Child abuse
• Family violence/abuse of a family member
• Sexual assault against a child
• Coercive control and the use of threatening, humiliating, or intimidating actions to harm, punish, isolate, or frighten a domestic violence victim
• Denying personal liberty by financial means, threats, or forced isolation

Charges can range from misdemeanors to felonies and depend on the severity of the crime. There are specific penalties in place for violations of orders of protection.

What happens when law enforcement shows up at a domestic dispute?

Law enforcement officers responding to a domestic dispute will follow the protocols established by Hawaii law. Their first concern is for the safety of all involved. Police officers can arrest anyone who doesn’t follow their lawful orders.

While there can be acts of domestic violence on both sides, the officer will try to determine the dominant aggressor. Police prefer to use the term "complainant" instead of "victim." If the officer has reasonable grounds to believe that domestic abuse has occurred, the officer can arrest the aggressor. They must also file a written report.

The officer has the authority to have the alleged abuser leave the premises for a cooling-off period. This separation lasts until 6 p.m. on the second business day after the order is given. The person removed cannot contact the victim or return to the premises during that period unless accompanied by law enforcement to collect necessary personal effects.

For example, if the incident occurs at 8 p.m. on a Sunday, the abuser would be permitted to return no sooner than 6 p.m. on Tuesday. This would be the same return time if the police order was issued at 7 p.m. on a Friday, as Saturday and Sunday are not business days.

I suffered domestic violence from my ex. What can I do to keep them from coming back?

Any victim of abuse can petition for an order of protection in Hawaii. In cases involving domestic violence, victims petition a Hawaii Family Court for a temporary restraining order (TRO) specifically designed for domestic abuse.

Call the Family Court TRO Unit in your area between 7:45 a.m. and 4:15 p.m. Monday through Friday to begin the process. If the courts are closed and you’re in imminent danger, call the local police department and request a separation order.

• Oahu – (808) 538-5959
• Maui – (808) 244-2706
• Hawaii – (808) 969-7798
• Kauai – (808) 482-2330

You’ll finish the petition at the court. The more details you can supply, the better. The judge will review your petition. If approved, a TRO will go into effect, and law enforcement will serve the abuser (respondent). It’s good for either 180 days or until the Order to Show Cause hearing, which will be scheduled within 15 days.

At the hearing, both sides can state their case, present evidence, and call witnesses. The judge can rule to make the TRO into a more permanent order for protection, making it valid until whatever time they deem necessary.

What protections does a restraining order provide?

Orders of protection in Hawaii are flexible and adapted to each case. Some of the more common conditions judges apply in domestic violence restraining orders are:

• No contacting, threatening, hurting, or abusing you or any person living with you
• No contacting, threatening, hurting, or abusing you or your children at school
• No contacting, threatening, hurting, or abusing you at your workplace
• No visiting or entering your residence
• Vacate a shared residence at once
• No adverse treatment or removal of any animal in the household
• No damaging your property or the property of family or household members
• Establishing temporary visitation and custody for your minor children, which may include supervised visitation or no visitation
• Mandatory domestic violence intervention services (you may be required to attend as well)
• Anything else the judge deems necessary for your safety

The judge can approve any or all of the conditions above for the restraining order. They can also make phone carriers void shared plans to make it more difficult for a victim to be found.

TROs can be appointed in divorce and child custody cases that carry the threat of domestic violence. FindLaw’s Hawaii Protective Orders Laws article is useful for those looking for an in-depth examination of the restraining orders available in the state of Hawaii.

I have a Hawaii restraining order in place, but my abuser isn’t obeying it. What should I do?

If your abuser violates a TRO or a protective order, your priorities should be getting somewhere safe and calling 911. The state of Hawaii wants you to report any violations by your abuser.

Once the police are involved, your abuser faces misdemeanor charges for violating any restraining order:

• First conviction – Mandatory minimum of 48 hours in jail and a fine between $150 and $500
• Second and subsequent convictions – Mandatory minimum of 30 days in jail and fine between $250 and $1,000

Any violence associated with the violation will escalate the penalties. For example, any sort of strangulation is a class C felony with up to five years in prison. In addition, any violations will be taken into consideration for pending divorce or child custody cases.

I’m visiting family on the mainland and think my abuser might follow me. Does my restraining order work in other states?

The Violence Against Women Act (VAWA) offers protection against domestic violence under federal law. VAWA ensures that any legal order of protection receives "full faith and credit" anywhere in the United States. This means that any TRO or domestic violence restraining order (DVRO) you have in effect will be honored in other states, territories, and tribal courts.

Make sure you have a copy of your restraining order with you at all times. Don’t depend on law enforcement or the courts of another state being able to access the records.

I’m moving to another state and my restraining order is going to expire soon. Can I renew it in my new state?

That will depend on the laws of your new state. In general, states can’t extend a TRO or grant a DVRO from another state. You may be able to get an extension from Hawaii through electronic means. Your new home state might be willing to grant you an order of protection if you petition and present your case, but that will likely require alerting your abuser of your new location.

On top of everything else, escaping my abuser has put me in debt. Can I sue them?

Victims of domestic abuse can file civil lawsuits against their abusers for compensation. This recovery can be for medical bills, legal fees, living expenses, pain and suffering, and much more. If you’re seeking less than $5,000, you can file a claim in a Hawaii small claims court.

For larger claims, you’ll need to file in civil court. Having a legal professional with you is a good idea. You can find legal representation through FindLaw’s Hawaii attorney directory and the Hawaii State Bar Association website.

Hawaii Domestic Violence Laws: Summary

The table below recaps the information provided above and adds links to important domestic violence statutes in Hawaii.

Note: Hawaii state laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Hawaii domestic violence attorney or conduct legal research to verify the current state laws.

Hawaii Domestic Violence Laws: Additional Resources

• Hawaii State Coalition Against Domestic Violence (HSCADV)
• National Domestic Violence Hotline (800.799.7233)
• Hawaii Family Court Protective Orders – Hawaii Judiciary
• Hawaii Protective Orders Laws
• Hawaii Family Law on Domestic Violence

Dealing With Domestic Violence in Hawaii? Speak to an Attorney

Being a victim of domestic abuse can feel like being stuck in a nightmare with no escape, but you’re not alone. In addition to support organizations, a Hawaii family law attorney can make sure you’re protected, explain your options, and help punish those who abused you.

If you’re facing domestic violence charges in Hawaii, speak with a criminal defense attorney who knows Hawaii law. They can examine your case and offer you legal advice.