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. A violation of the terms of a protective order can lead to prosecution punishable by fines and jail time.
This article provides a brief overview of protective orders in the state of Hawaii.
Hawaii Protective Orders Laws: At a Glance
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.
||§ 586-1 et seq. of the Hawaii Revised Statutes
|Activity Addressed by Order
||Enjoin contact; exclude from dwelling and petitioner's work; regarding minor children: grant temporary visitation, and counseling; enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court
|Duration of Order
||Temporary restraining order: maximum 180 days; protective order: court must affix "reasonable" time for the duration of the order
|Penalty for a Violation of Order
||Violation of temporary restraining order: Misdemeanor: required counseling and if 1st conviction, mandatory minimum jail 48 hours and a fine of no less than $150 nor more than $500; 2nd conviction mandatory minimum of 30 days jail and fine of no less than $250 nor more than $1,000, otherwise mandatory minimum 48 hours; the court may waive if 2nd was for non-domestic 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 the same order, mandatory minimum of 30 days in jail and a $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 a petition, or any state agency on behalf of the minor, incapacitated, or unable member
|Can Fees Be Waived?
|Order Transmission to Law Enforcement
||Within 24 hours to the county police department
|Civil Liability for Violation of Order
||Contempt of court
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal
Related Resources for Protective Orders Laws
Get Help with a Protective Order Today
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact a Hawaii domestic violence attorney for help obtaining a protective order.