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Restraining Orders
TEMPORARY RESTRAINING ORDERS ("TRO")
WHAT IS A TEMPORARY RESTRAINING ORDER?
There are different types of restraining orders in Hawaii -- for individuals, the primary types are those given at Family Court and District Court. In both types, they are issued to prevent harassment and/or abuse between two or more persons.
FAMILY COURT -- these types of restraining orders are issued for parties who are or were connected in one of the following relationship categories:
- spouses
- former spouses
- parents of a child together (but never married to each other)
- cohabitants (example -- boyfriend/girlfriend living together)
- former cohabitants
- parents/children
- siblings
- present or former "dating relationship"
Persons in these relationships can apply for a restraining order due to physical abuse, emotional abuse, and/or malicious property damage committed against them by the other party.
DISTRICT COURT -- these types of restraining orders are issued for parties who do not fall into the Family Court relationship categories. A typical example of persons who would come under the District Court restraining orders are neighbors, co-workers, or schoolmates.
FAMILY COURT RESTRAINING ORDERS
Discussed below are the details of FAMILY COURT RESTRAINING ORDERS only.
HOW DO I GET A TEMPORARY RESTRAINING ORDER?
Getting a temporary restraining order requires a petition to be filed at the Family Court. There is both a State office (the Adult Services Branch: 538-5959) as well as a private non-profit office (Ala Kuola: 545-1880) set up to assist individuals in filing a petition for a restraining order.
If the facts claimed in a TRO petition convinces a judge that protection is needed, a temporary restraining order shall be granted that same day for a brief period (90 days), awaiting a full hearing. Once the temporary order is granted, the opposing party must be served by the police. A hearing is typically set one to two weeks after the initial filing -- at that hearing, both sides will have the opportunity to argue why the TRO should or should not be extended for a longer period of time.
Getting a temporary restraining order requires a petition to be filed at the Family Court. There is both a State office (the Adult Services Branch: 538-5959) as well as a private non-profit office (Ala Kuola: 545-1880) set up to assist individuals in filing a petition for a restraining order.
If the facts claimed in a TRO petition convinces a judge that protection is needed, a temporary restraining order shall be granted that same day for a brief period (90 days), awaiting a full hearing. Once the temporary order is granted, the opposing party must be served by the police. A hearing is typically set one to two weeks after the initial filing -- at that hearing, both sides will have the opportunity to argue why the TRO should or should not be extended for a longer period of time.
WHAT HAPPENS AT COURT?
On the day of the Court hearing, there are a number of other restraining order cases, often ten to fifteen, scheduled for the same time as your hearing. This is typical. Unfortunately, this often means that there is little hearing time available for each case, usually no more than twenty to thirty minutes at most. At Family Court, petitioners (the people who are seeking the TRO) are seated in a separate area from respondents or defendants (the people who had the TRO filed against them).
On the day of the Court hearing, there are a number of other restraining order cases, often ten to fifteen, scheduled for the same time as your hearing. This is typical. Unfortunately, this often means that there is little hearing time available for each case, usually no more than twenty to thirty minutes at most. At Family Court, petitioners (the people who are seeking the TRO) are seated in a separate area from respondents or defendants (the people who had the TRO filed against them).
During the hearing, both sides are allowed to put on evidence as to why or why not the TRO should be extended. Evidence includes testimony of both sides, as well as of witnesses either side might call. At the close of the hearing, the judge will issue a decision, granting or denying the extension. If the TRO is extended, it becomes an Order for Protection.
The Order for Protection may contain a number of modifications and adjustments to allow for practicalities (compared to the initial TRO, which usually has very standard and strict provisions). As an example, an Order for Protection may allow for limited contact via phone or e-mail, or through 3rd party friends/family, to allow the parties to discuss their children's issues. The Order may also provide for visitation of the children with one of the parties.
The Order for Protection may contain a number of modifications and adjustments to allow for practicalities (compared to the initial TRO, which usually has very standard and strict provisions). As an example, an Order for Protection may allow for limited contact via phone or e-mail, or through 3rd party friends/family, to allow the parties to discuss their children's issues. The Order may also provide for visitation of the children with one of the parties.
WHAT CAN DOI LUKE & MIYATAKE DO FOR ME?
Parties can appear at the hearings represented or not represented by attorneys. In cases where the person seeking the restraining order is especially fearful of the other person, an attorney can be of great value in putting together a convincing and effective argument for the Court.
We can provide experienced and determined representation for you in your TRO matter. Gavin and Stacy both previously worked with the AmeriCorps Domestic Violence program, and have argued many hundreds of Family Court restraining orders.
Parties can appear at the hearings represented or not represented by attorneys. In cases where the person seeking the restraining order is especially fearful of the other person, an attorney can be of great value in putting together a convincing and effective argument for the Court.
We can provide experienced and determined representation for you in your TRO matter. Gavin and Stacy both previously worked with the AmeriCorps Domestic Violence program, and have argued many hundreds of Family Court restraining orders.
