Hawaii Protective Orders Laws

Protective orders, otherwise known as Temporary Restraining Orders (TRO), are a legal measure to secure individuals from abuse, harassment, or threats. Anyone can avail themselves of this legal protection, regardless of the person’s citizenship status.

An order of protection aims to prevent different types of abuse. This includes physical abuse, verbal abuse, and sexual abuse. It also protects against property damage and stalking. If the court grants this legal measure, the respondent must follow a set of guidelines, particularly when approaching or contacting the petitioner.

This article provides a comprehensive overview of protective orders in the state of Hawaii.

Legal Framework of Hawaii Protective Orders Laws

In Hawaii, a petitioner can file TROs in a family or district court. A district court-issued TRO can be extended as an injunction for up to three years. Family court TROs, particularly those issued against family members or household members, can be extended for any reasonable time.

Hawaii Revised Statutes outline the legal framework for protective orders. This section provides details about orders of protection and the conditions for their issuance.

Activities Addressed by Order

The order of protection can include provisions preventing the respondent from doing any of the following actions:

• Contacting the protected party
• Threatening the protected party
• Physically abusing the protected party
• Contacting the persons living at the place of residence of the protected party
• Threatening the persons residing at the place of residence of the protected party
• Physically abusing the persons residing at the place of residence of the protected party
• Entering the protected party’s residence
• Visiting the protected party’s residence
• Taking, concealing, or removing household animals
• Threatening, physically abusing, or disposing of household animals

How To Get a Protective Order in Hawaii

Obtaining an order for protection in Hawaii involves a structured process. The following are the key steps that you need to observe.

• Call the local police office or a family court branch: They will schedule an appointment to help you complete your petition for a protection order and get a TRO. You have to prepare to give details about the abuse. This includes verbal threats, psychological abuse, and property damage.
• Attend the scheduled appointment and complete the petition: Having a completed petition is a necessity. If you have any doubts or troubles, help is available at one of the Hawaii State Coalition Against Domestic Violence offices.
• Bring the petition to the family court: The family court judge will review your TRO request and decide whether to grant it. The court can grant a TRO ex parte, which means that the abuser/respondent does not need to be present when the judge reviews the petition.
• Get copies of the TRO: If the family court judge approves your petition, the court clerk will hand you two copies of the TRO. One copy will be yours; the other copy will be used to serve the respondent.
• The police department or law enforcement authority will serve a copy of the TRO to the perpetrator: You do not have to be present when they serve the copy of the order. Do not attempt to serve the order of the court yourself. Leave it to law enforcement.

Who Can File for a Protective Order in Hawaii?

Hawaii law allows the following individuals to file for a protective order in cases of domestic abuse:

• Any family or household member on their own behalf
• Any family or household member on behalf of a minor or incapacitated household member
• Any state agency on behalf of a person who is a minor or incapacitated
• Any minor 16 years old and above on their own behalf
• Any emancipated minor

The petitioner should file the relief in writing. Listing as much of the past or imminent abuse can aid in getting a TRO. Do not embellish or include acts that didn't happen.

Additional Considerations for the Enforcement of Orders for Protection

If a family court judge issues a TRO ex parte, it goes into effect without the prior knowledge or presence of the respondent. The court will base the TRO on the details of the petitioner’s testimony about the acts of abuse or harassment. The petitioner must show cause why the order for protection is required.

There are instances where the parties' relationship status is integral to the case. In such cases, the court will examine certain factors to assess whether a dating relationship exists. The court will look at the length and nature of the parties’ relationship and the regularity of their interaction.

Duration of Order

Under Hawaii Revised Statutes, the TRO remains in effect for a period of 180 days from the date of issuance. The order for protection remains effective until either the 180-day period expires or the court issues a subsequent protection order, whichever occurs first.

If the TRO involves a minor, the court may extend the order beyond the standard duration limit. It can also last until the minor reaches 18 years old.

Court Hearing Requirements

The court will hold the hearing on the earliest available date or within 15 days of the date the court granted the TRO. The court will notify all parties involved. They should also hold a court hearing on the TRO application, asking the parties to show cause for the protective order.

The court may also issue an order of protection, which includes all orders from the TRO. A judge can choose to provide more relief to prevent domestic abuse or its recurrence. This may include orders of temporary visitation or custody of minor children.

In addition, the court may likewise order either or both parties to attend services for domestic violence intervention. With the agreement of both parties, the court can also end the extended protection order at any time.

Penalties for Violation of an Order for Protection in Hawaii

The Hawaii Revised Statutes provide the penalties for violating a protective order. This provision classifies the intentional or knowing violation of a protection order as a misdemeanor. This means that if the person violated the order, they have committed a criminal offense.

The law explicitly defines various penalties for different types of violations. The penalties reflect the frequency and severity of the breaches. Below is a listing of the available penalties:

The penalty for subsequent violations after two prior convictions is at least 30 days of imprisonment and fines between $250 to $1,000.

Hawaii law also requires the court to impose a domestic violence intervention or anger management course on those convicted of violating an order of protection or TRO.

Note: Laws are subject to change through various means, including higher court decisions and newly passed legislation. Consider conducting legal research or contacting an attorney near you to verify the laws of your state.

Related Resources for Protective Orders Laws

• Official State Codes - Links to the official online statutes (laws) in all 50 states and D.C.
• Orders of Protection and Restraining Orders
• Domestic Violence

Need Help With a Protective Order in Hawaii? Talk to an Attorney

It is crucial to seek protection from any abuse. If you are a victim of abuse or are experiencing domestic violence, harassment, threats, or stalking, don't hesitate to take legal action. A protective order can give you legal safeguards and security.

Speak with a Hawaii domestic violence attorney for assistance with an order for protection. You can also contact your local police department for immediate assistance. The National Domestic Violence Hotline provides 24/7 support through its phone number at 800-799-7233.