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Información Legal: Hawái

Restraining Orders

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28 de mayo de 2020

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
You may apply to the court to have your order for protection extended, up through the day that it expires. 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. 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)