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ACTUALIZADA 1 de julio, 2008

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• What is a District Court Restraining Order? How do I get one?

arribaWhat is a District Court Restraining Order? How do I get one?

If you were not granted an Order for Protection because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through a District Court Restraining Order.

A District Court can order a Restraining Order if there has been a pattern of harassment, including:

• Physical violence
• Sexual violence
• Threats of physical or sexual violence
• Malicious property damage
• Psychological abuse
• Stalking
• Repeated unwanted contact *

In order to qualify for a District Court Restraining Order, the person harassing or abusing you cannot be:

• a current or former spouse
• a relative by blood or marriage
• someone who lives or has lived with you
• someone with whom you have a child in common
• a current or former dating partner
• a current or former reciprocal beneficiary

In District Court, you will be the "petitioner" and the person harassing you will be the "respondent". If you are 17 or younger, one of your parents or a legal guardian needs to come with you to file on your behalf. If the abuser is a minor, the abuser’s parent or guardian should be named as the "respondent" on the abuser’s behalf. If you cannot have a parent or legal guardian come with you, explain why in your petition.

There are no fees to file for a District Court Restraining Order. The steps for filing for a District Court Restraining order are similar to the Family Court steps above. The main difference is that you need to go to the District Court, not Family Court. (See the Courthouse Locations & Info page and the Download Court Forms page.) For modifications and extensions of District Court Restraining Orders, file with the clerk of the District Court that issued your order.

*HI ST § 604-10.5

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