Hawaii Family Law on Domestic Violence

Hawaii family law offers protection to domestic violence victims and punishment to domestic abuse offenders. Domestic violence abuse can be defined in many ways, and victims can find themselves trapped in a vicious cycle of threats, violence, and abuse.

Both the state of Hawaii and other organizations are dedicated to providing safety and relief for victims of domestic violence. Another way for victims to help themselves is by familiarizing themselves with Hawaii’s domestic violence laws.

In this article, we’ll go over the charges, penalties, and protections involved with domestic violence under Hawaii law. Our overview of restraining orders explains how to get one, how they work, and the punishments for violation. Read on for a better understanding of Hawaii family law on domestic violence.

Domestic Violence and Hawaii Laws: How They Work Together

Domestic violence offenses in Hawaii are not often stand-alone charges. They’re attached to certain crimes between people in specific relationships. Categorizing a crime as a domestic violence offense offers different protections for victims and the possibility of enhanced penalties for abusers.

Hawaii Domestic Violence: Victims and Abusers

Most domestic violence abuse cases involve an abuser and at least one victim. What makes them different from a regular criminal charge is the connection between the people involved. To be considered domestic violence in Hawaii, a crime must occur between people under the following classifications:

• Spouses or reciprocal beneficiaries
• Former spouses or former reciprocal beneficiaries
• People in a dating relationship
• People who have a child in common
• Parents
• Children
• Family members
• People who reside together or once resided together (does not include those sharing a dwelling for financial or contractual affiliation)

A crime that is not classified as domestic violence is still a crime and open to prosecution.

Hawaii Domestic Violence Definition

To understand the domestic violence laws in Hawaii, it’s helpful to know the state’s definition. Hawaii considers domestic abuse to be when certain offenses occur between those considered family or household members, as explained in the section above.

If the people involved have the correct classification, a crime will be considered domestic violence if it involves one or more of the following offenses:

• Physical harm/physical assault/physical abuse/bodily injury
• Threats involving imminent physical harm/bodily injury/assault (the threatened action does not have to occur if it caused fear and/or intimidation for the victim)
• Extreme psychological abuse causing ongoing disturbance for no useful purpose
• Malicious property damage
• Any type of sexual assault
• Any type of child abuse
• Any 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

If a qualifying relationship applies, Hawaii will consider any of these offenses to be domestic violence. The punishment will depend on the type of charge, the severity of the offense, the offender’s criminal past, and other factors.

Hawaii Domestic Violence: Police Response

When law enforcement is summoned to a situation that may involve domestic violence, the responding officer’s actions are guided by Hawaii law. For example, they are obliged to take a victim to either a hospital or a women’s shelter if requested.

If the officer believes physical domestic abuse has occurred, they must arrest the alleged abuser. It doesn’t matter if the victim wants to press charges or not.

The police also have the authority to order the alleged abuser to leave the premises. This separation is in effect until 6 p.m. on the second business day after the offense. The alleged offender is not permitted on the premises before then unless accompanied by law enforcement. They will receive a written warning citation. If they return before the separation expires, they will be arrested and forced to surrender all firearms in their possession.

A first offense earns a minimum of 48 hours in jail. A second or subsequent offense within one year is a minimum of 30 days in jail. First-time offenders and some others will be placed in a Domestic Violence Intervention (DVI) program as a deterrent. If the abuser doesn’t finish the DVI program, they face sentencing for their charges.

Hawaii Domestic Violence Restraining Orders

Domestic Violence Restraining Orders (DVRO) are a powerful defense for victims of domestic violence. In addition to being a shield against domestic abuse, protective orders like DRVOs can be issued by family courts if danger from abuse seems possible in divorce, separation, or child custody cases.

Getting a Restraining Order in Hawaii

Victims in Hawaii can request a Family Court temporary restraining order (TRO) against all types of domestic violence. Apply for your TRO at one of the following family courts using the phone numbers below:

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

They accept calls between 7:45 a.m. and 4:15 p.m., Monday through Friday. They are closed for holidays. If you are in imminent danger and the courts are unavailable, call your local police.

A TRO Court Officer will help you with your filing. A judge will review your petition the following day and either grant or deny your ex parte TRO request. A court order will be sent to the alleged abuser. TROs are good for either 180 days or until your case hearing, which is usually within two weeks of your application.

At the hearing, both sides plead their case and the judge decides whether the TRO should become a protective order (called a domestic violence restraining order, or DRVO, in other states). How long the order for protection stays in effect is up to the judge’s discretion. They can make it permanent.

TRO/Protective Order Violations

If an abuser violates a TRO or protective order, the victim should report it at once. Once the victim is no longer in danger, they should document the violation as well.

Any violation of a restraining order in Hawaii carries consequences for the abuser. Those who violate either a TRO or a permanent protective order face the following misdemeanor punishments:

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

If physical violence is involved, the punishment will fit the severity of the crime. A class C felony charge is not uncommon when a physical injury is involved. FindLaw’s article on Hawaii protective orders laws offers further detail on this topic.

Hawaii Family Law on Domestic Violence: Summary

The table below provides a handy recap of what you’ve learned above, along with links to pertinent Hawaii statutes. For additional information on this subject, take a look at FindLaw’s Hawaii Domestic Violence Laws article.

Note: State laws are subject to change through 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 your own legal research to verify Hawaii state laws.

Hawaii Family Law on Domestic Violence: Additional Resources

• Getting Help for Domestic Violence
• Requesting a Family Court Protective Order – Hawaii Judiciary
• Hawaii State Coalition Against Domestic Violence (HSCADV)
• The Violence Against Women Act (VAWA)
• Filing a Domestic Violence Civil Suit
• National Domestic Violence Hotline (800.799.7233)

Domestic Violence Issues in Hawaii? Speak With an Attorney

Being involved with domestic abuse can seem like a nightmare without an ending. The types of domestic violence are harsh and insidious. For someone trying to escape a toxic relationship, a Hawaii family law lawyer can make all the difference.

If you’re facing domestic violence charges, trying to soldier on without a skilled criminal defense attorney on your side could be a mistake with long-lasting repercussions. A family violence defense lawyer can evaluate your case, represent you in either family or district court, and explain your options going forward.