What can I do if the harasser violates the order?
To enforce an injunction against harassment, you are the one who would have to report the violations to the police or the court. Be sure to write down the date, time, location and what happened when your injunction was violated.
Remember, even if you think it is a minor violation, you can call the police. It can be a crime and contempt of court if the harasser knowingly violates the injunction in any way. Violating an injunction against harassment is a misdemeanor, which may lead the judge to sentence the harasser to appropriate counseling. Multiple violations may lead to time in jail.1
When you call the police, they will send an officer out to make a report. Show the police your injunction against harassment. If the police witnessed the violation or if the harasser is still in the area, the police may make an arrest. If the harasser has harmed you or your property, you can show the police any physical injuries or property damage. If the defendant is harassing you by telephone, and your injunction protects you from phone contact, you can keep a log of the time and date of the call, and what was said and report that to the police.
The police may make a report, whether or not the harasser is arrested. It is a good idea to write down the name of the responding officer(s) and their badge number(s) in case you want to follow up on your case.
Do not contact the respondent. Should the respondent violate your injunction, police and judges may take your report less seriously if you have been in touch with him/her.
If no arrest was made, and/or you are uncertain if there was an arrest, you may want to call the Victim/Witness Assistance Division of the Prosecuting Attorney’s office as soon as possible. Tell them you made a police report for a violation of an injunction against harassment.
If an arrest was made, it is not necessary to call the Prosecuting Attorney’s Office because they will automatically become involved. However, if you need information or have questions about what to expect, you contact the Victim/Witness Assistance Division of the Prosecuting Attorney’s Office by calling:
- O`ahu (the city and county of Honolulu)- (808) 768-7401 (this is the general prosecutor’s office number)
- Maui - (808) 270-76952
- Hawai`i - Kona: (808) 322-2552; Hilo: (808) 934-3306
- Kaua`i - (808) 241-18883
1 HRS § 604-10.5(i)
2County of Maui website
3County of Kaua’i website