Who can file for a gun violence protective order?
You can file for a gun violence protective order if there is a “significant danger” that the respondent will harm him/herself or others by owning, buying, or receiving a firearm or ammunition or by having a firearm or ammunition in his/her custody or control. Additionally, to file for a gun violence protective order, you must be:
- a law enforcement officer;
- the respondent’s “family or household member;”
- a licensed doctor, advanced practice registered nurse, psychologist, or psychiatrist who has examined the respondent;
- an educator who works at a school or other learning institution to which the respondent has a connection; or
- the respondent’s co-worker.1
You are the respondent’s “family or household member” if you:
1. are the respondent’s:
- current or former spouse;
- current or former reciprocal beneficiary, which is someone with whom the respondent has a significant personal, emotional, and economic relationships but is prohibited from legally marrying;2
- parent;
- child;
- relative by blood or adoption;
- current or former dating partner;1
2. have a child in common with the respondent; or
3. currently live or formerly lived with the respondent, including as an adult roommate or romantic partner.2
1 HI ST § 134-61
2 HI ST §§ 134-61; 572C-4