How do I change or extend my order for protection?
Changing your order
You can ask the court to modify (change) the terms of an existing family court order for protection by filing a petition in court. The abuser must be notified and a hearing may be held to determine if the modification(s) you requested should be made. At the hearing (and even in your petition), you must show that substantial changes have taken place since the order was issued or since the last modification was made in order for the judge to grant a new modification.1
Extending your order
Before your order expires, you can apply to the court to have your order for protection extended. You will have to go back to the family court clerk and fill out a petition similar to the one you completed for the original order. The judge will hold a hearing to determine whether the protective order should be extended and for how long. The law says it can be extended for a “reasonable period of time.” Additionally, if the order prohibits the respondent from contacting, threatening, or physically abusing a minor, it can be extended until after the minor turns 18. In making this decision, the judge will consider evidence of abuse and threats of abuse that happened before you got your temporary restraining order (TRO) and whether there is “good cause” (a good reason) to extend the order for protection. The judge will decide whether to extend the order, and for how long.2
Extended orders for protection can include all of the protections in your original order and can add additional protections that the judge believes is necessary to prevent domestic abuse. For example, the extended order can set up temporary custody and visitation rights, and/or order either or both parties to participate in domestic violence intervention services.2
1 HRS § 586-9
2 HRS § 586-5.5(b)