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: Hawái

Restraining Orders

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Leyes actualizadas al 11 de enero de 2024

How will a judge make a decision about whether or not to grant the order?

The judge can issue an extreme risk protection order if the judge finds that 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.1 When deciding if there is “significant danger,” the judge will consider factors such as the respondent’s:

  • illegal, reckless, or negligent use, display, storage, possession, or waving of a firearm;
  • act or threat of violence against him/herself or another person regardless of whether the violence involves a firearm;
  • violation of an order for protection due to domestic abuse, an injunction against harassment, or a similar type of order issued in another state;
  • abuse of drugs (controlled substances) or alcohol or involvement in any crime that involves drugs or alcohol; and
  • recent purchase of or control over firearms, ammunition, or other deadly weapons.1

The judge will also consider how long ago the respondent committed any of the above behaviors.1

1 HI ST §§ 134–64(d); 65(b)