How Do restraining orders work in Hawaii?

Once a Hawaii restraining order is served, the TRO will tell your abuser by order of the court to refrain from further contacting, threatening or abusing you in any way. Refusal to follow the TRO guidelines is a serious violation of the law and can result in the arrest and conviction of the offender.

Does divorce in Hawaii require a restraining order?

In July, 2018, the Hawaii State Legislature passed Act 213, which makes Automatic Restraining Orders mandatory in all divorce cases in the state.

How long does a restraining order last in Hawaii?

It is valid for up to 180 days or until a final order for protection becomes effective, whichever happens first. Generally, a hearing on the TRO will take place within 15 days. At the hearing, the abuser can try to “show cause” (prove) why the TRO should be discontinued.

How much does it cost to get a restraining order in Hawaii?

There is a $15.00 filing fee for the TRO, which can be waived in exceptional circumstances. Personal checks are accepted. If the TRO is granted, the clerk will give you certified copies of the TRO. Ask the clerk to “conform” all copies by stamping the judge’s signature and the date of signing on all orders.

Can a petitioner violate a restraining order in Hawaii?

Violating an Order for Protection in Honolulu If someone has taken a restraining order out against you and you have been accused of violating that order, you may be found guilty of a misdemeanor offense, resulting in unwanted repercussions.

What are the divorce laws in Hawaii?

In Hawaii, as long as one spouse believes that the marriage is irretrievably broken or that the marriage cannot be fixed, either spouse can file for divorce. You can get divorced in Hawai`i if you were legally married in another state or another country.

How long does a restraining order stay on your record?

If there is no date given on the restraining order, then the restraining order will become spent 2 years from the date of conviction. If however the restraining order states that it is ‘unlimited’, ‘indefinite’ or is issued until ‘until further order’, then it will never become spent.

What happens at a TRO hearing in Hawaii?

TRO/Injunction Hearing During this hearing, you need to present the court with information about continued abuse and threats. Based on your testimony and documentation, the judge decides whether to extend your protection beyond 90 days. The judge can issue an injunction for up to three years.

What happens if you break a restraining order in Hawaii?

If you have been granted a Temporary Restraining Order (TRO) by a Family Court judge or a District Court judge, the Court has ordered your abuser (the respondent of the TRO) to abide by the conditions set out in the TRO. Violating a court order is called contempt of court and is a misdemeanor criminal offense.

Can a TRO be dropped?

Once a temporary restraining order (known as a “TRO”) is issued, it’s not so easy to dismiss it. It requires going to court, meeting with a domestic violence counselor, filling out paperwork, and then putting the dismissal on the record in court in front of a judge.

How do you drop a TRO in Hawaii?

To change a TRO for any reason, you need to go back to Court and ask the Judge to “amend” the TRO. Call ATV (Hilo: 969-7798, Kona: 326-1607) or District Court (Hilo: 961-7470, Kona 322-8700) for help. If you want to do more than just get a TRO, you can change your name and Social Security Number.

What do you need to file a restraining order?

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.

Who can serve a TRO in Hawaii?

You also have the option of having the TRO served by any person who is not party to the case and who is not less than 18 years of age.

What is TRO in court?

Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued.

How do I file an injunction?

  1. Fill out the proper paperwork at the Courthouse.
  2. Submit your application (called a “petition”)
  3. Judge reviews your petition and MAY award you a temporary injunction.
  4. Service of process.
  5. Final Hearing.

What does restraining order mean?

/rɪˈstreɪ.nɪŋ ˌɔːr.dɚ/ a written instruction made by a court that forbids (= does not allow) a particular action until a judge has made a decision about the matter: She obtained a restraining order forbidding her partner from seeing their two children.

How long is divorce process in Hawaii?

It usually takes six to ten weeks after an Uncontested Divorce by Affidavit packet is submitted for judge’s review, for the divorce to be final. The divorce is effective after the Divorce Decree has been approved and signed by the judge and the Divorce Decree has been filed-stamped by the court.

Does infidelity affect divorce in Hawaii?

Hawaii is a “no-fault” divorce state. This means that in order to obtain a divorce, it doesn’t matter who’s to blame for the failure of the marriage—adultery doesn’t play a role in determining whether or not a judge grants a divorce.

How long do you have to be separated in Hawaii to get a divorce?

In some states, legal separation is indefinite, but in Hawaii, couples can only stay legally separated for two years. By the end of the second year, the couple must decide to reconcile or file for divorce. However, either spouse can file for divorce at any time during the separation.

What happens when restraining order ends?

If your restraining order expires, all parts of the order expire with it. This includes orders that the defendant: not abuse you. not contact you or your children.

What happens if you break a restraining order?

If you are reported to the police for breaching your restraining order, the police will usually sign a criminal complaint which means that you are then in contempt of court. You may also be arrested, depending on the type of order in place and the nature of the breach committed.

What happens if you breach your restraining order?

Breaching a protective order is an offence. The maximum sentence is five years’ custody. The court will calculate the sentence by assessing the offender’s culpability and the harm caused by the offence, as well as taking into account any aggravating or mitigating factors.

How do I appeal my TRO in Hawaii?

Step 1: Call the appropriate office for assistance in filling out your petition/getting a TRO. Step 2: Go to your appointment and fill out your petition with an advocate. Step 3: Bring your petition to family court.

How do I extend my TRO in Hawaii?

If you want to extend the TRO, an Order to Show Cause (OSC) hearing is required. The date and time of your OSC hearing appears on your TRO. During this hearing, the judge decides whether to extend the TRO beyond 180 days. The judge can issue a protective order for a time period as he or she deems reasonable.

Where do you park for the district court in Honolulu?

District Court Parking Recommended parking for District Court (1111 Alakea St.) is either the South Street Garage at the corner of South and Pohukaina Streets, or the Makai Garage at the corner of Punchbowl and Halekauwila Streets. Parking is also available in the municipal lots.

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