Conozca la Ley: Hawaii
ACTUALIZADA 1 de julio, 2008
A Family Court Order of Protection is a civil order that provides protection from a family or household member.
- Basic Info
- Can I get a Family Court Order of Protection?
- What are the steps for getting a Family Court Order of Protection?
- After the Hearing
Basic Info
arribaWhat is the legal definition of domestic abuse in Hawaii?
This section defines domestic violence for the purposes of getting a family court order of protection.
Hawaii law defines "domestic abuse" as the occurrence of one or more of the following things between "family or household members":
- Physical harm
- Bodily injury
- Assault
- The threat of imminent physical harm, bodily injury, or assault
- Extreme psychological abuse
- Malicious property damage
To read the exact wording of the law, please see "Chapter 586, Section 1: Definitions" on the HI Legal Statutes page.*
* HRS 586-1
arribaWhat is a Family Court Order of Protection? What types are there?
A Family Court Order of Protection, also called a "restraining order" or "protective order," is a civil court order intended to provide protection from physical harm caused by force or threat of harm from a family or household member. In other words, a Family Court Order of Protection is designed to keep an abuser from hurting you anymore. Any violation of the order is a crime. There are two types of Orders of Protection:
Temporary restraining orders. For domestic violence cases, the Family Court issues a Temporary restraining order. The TRO is valid for up to 90 days. The TRO will prevent your abuser from doing some or all of the following:
- Contacting, threatening, or physically abusing you;
- Contacting, threatening, or physically abusing any person living with you;
- Entering or visiting your residence.
After applying at Family Court, a judge will review your TRO. If the TRO is granted, an Order to Show Cause (OSC) hearing will be scheduled within 15 days. The purpose of the court hearing is to determine if protection should be extended beyond 90 days.*
Final Order of Protection. A Final Family Court Order of Protection can only be issued after an Order to Show Cause hearing where you and your abuser both tell your sides of the story to a judge. The judge will then decide whether or not to grant you the final order of protection for a longer period of time. You will be granted whatever rights were included in your temporary order and others if the judge believes they are necessary. You must attend that hearing. If you do not go to the hearing, your temporary order will not be extended past 90 days.**
If your situation does not fit the requirements for a Family Court order, you may request a District Court Restraining Order. Please see What is a District Court Restraining Order? How do I get one?
* HRS 586-4**HRS 586-5.5
arribaWhere can I file for a family court order of protection?
You can file for a family court order of protection in any family court in the circuit where you live. * If you are unsure in which circuit you live, you may want to contact an attorney who is familiar with Hawaii laws. Please see our HI Finding A Lawyer page for more information.
* HRS 586-2