In a divorce in Hawaii, one may hear about the “Automatic Restraining Order.” The Automatic Restraining Order (or “ARO”) in Hawaii Revised Statutes Section 580-10.5 is an order of the Court that automatically takes effect in divorce cases. The purpose of the ARO is to maintain the status quo between the parties and protect marital assets, custody rights, and the overall integrity of the proceedings.
Key Provisions of the ARO:
- When it Takes Effect:
- Automatically applies to the plaintiff (filing party) when the complaint is filed.
- Applies to the defendant (responding party) when they are served with the summons and complaint.
- Prohibited Actions:
- Asset Dissipation: Parties are restrained from transferring, encumbering, concealing, or disposing of any property (real or personal, joint or individual) without written consent or court approval, except in the ordinary course of business or for basic living expenses.
- Insurance Changes: Parties are prohibited from modifying or canceling insurance policies, including health, life, and auto insurance, that provide coverage to either spouse or their children.
- Child Relocation: Neither party may remove any minor children of the marriage from the state without prior written consent or court order.
- Harassment: Prevents harassment, physical abuse, or other disruptive behaviors towards the other party.
- Duration of the Order:
- Remains in effect until the court modifies or terminates it, or until the case is resolved.
- Enforcement:
- Violation of the ARO can lead to legal consequences, including sanctions or contempt of court charges.
- Exemptions:
- Certain actions are allowed without violating the ARO, such as using assets for normal living expenses, attorney fees, or business operations.
(link to the full statute here)
Purpose of the ARO:
The ARO is designed to:
- Prevent the misuse or concealment of marital property during the divorce process.
- Protect the welfare of any minor children involved.
- Reduce conflict and ensure fair proceedings.
This statutory mechanism was created by the Hawaii Legislature in 2018, and seeks to promote fairness and minimize potential harm or disruptions while a divorce is pending. If either party needs to take actions that may fall under the prohibitions of the ARO, they must seek court approval or obtain written consent from the other party.
To better understand the ARO and avoiding violations of it, speak with an experienced family law attorney.
