Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
Protective orders, commonly known as "restraining orders," are intended to protect victims of abuse, stalking, or harassment by requiring perpetrators to stay a certain distance away for a specified period of time. Such orders are primarily used by victims of domestic violence, but may apply in other circumstances. Hawaii protective orders are valid for a one-year period and may be renewed. A violation of the terms of a protective order can lead to prosecution punishable by fines and jail time.
Learn about Hawaii's protective order laws in the chart below. You can also see Details on State Protective Order Laws and the links following this article for more details.
| Code Section | 586-1, et seq. |
| Activity Addressed by Order | Enjoin contact; exclude from dwelling and petitioner's work; regarding minor children: grant temporary visitation, counseling |
| Duration of Order | Temporary restraining order: maximum 90 days; protective order: maximum 3 years |
| Penalty for a Violation of Order | Violation of temporary restraining order: Misdemeanor: required counseling and if 1st conviction, mandatory minimum jail 48 hours and fine of no less than $150 nor more than $500; 2nd conviction mandatory minimum 30 days jail and fine of no less than $250 nor more than $1,000, otherwise mandatory minimum 48 hours; court may waive if 2nd was for nondomestic abuse and 1st conviction was for domestic abuse. Violation of protective order: 1st conviction, mandatory minimum jail 48 hours and up to $150 fine if non-domestic and $150-500 if domestic abuse; 2nd conviction domestic, mandatory minimum 30 days and $250-1,000 fine. Subsequent violations: after 2nd conviction for violation of same order, mandatory minimum 30 days jail and $250-1,000 fine |
| Who May Apply for Order | Any family or household member on behalf of self, a minor member or one who is incapacitated or physically unable to file petition, or any state agency on behalf of minor, incapacitated or unable member |
| Can Fees Be Waived? | - |
| Order Transmission to Law Enforcement | Within 24 hours to county police department |
| Civil Liability for Violation of Order | - |
Note: State laws are constantly changing -- a Hawaii criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching. If you are a victim of domestic violence or fear for your safety, ask someone -- anyone -- for help to protect you and your family.
Contact a qualified attorney.
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