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Legal Information: Hawaii

Hawaii Restraining Orders

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Restraining Orders

Orders for Protection due to Domestic Abuse

Basic information

What is the legal definition of domestic abuse in Hawaii?

This section defines domestic abuse for the purposes of getting an order for protection from family court. Hawaii law defines “domestic abuse” as the occurrence of one or more of the following things between family or household members:

  • coercive control, which is defined as a pattern of threatening, humiliating, or intimidating actions that are committed to harm, punish, or frighten you or to make you dependent on the abuser by isolating you from support, taking away your independence, and controlling your everyday behavior, including:
    • isolating you from friends and family;
    • controlling how much money you can have and how you spend it;
    • monitoring your activities, communications, and movements;
    • calling you names and putting you down;
    • threatening to harm or kill you, your child, or relative;
    • threatening to publish information or make reports to the police or the authorities;
    • damaging property or household goods; or
    • forcing you to take part in criminal activity or child abuse;
  • physical harm/ bodily injury/ assault;
  • the threat of imminent physical harm/ bodily injury/ assault;
  • extreme psychological abuse, which is ongoing behavior/actions towards you that seriously disturbs or continually bothers you and has no purpose, causing you extreme emotional distress;
  • malicious property damage, which is purposely causing damage to your property to try and cause you emotional distress; or
  • sexual offenses committed by an adult against a child which include:

1 HRS § 586-1

What types of orders for protection are there? How long do they last?

There are two types of orders for protection that can be issued by the family court in cases of domestic abuse.

Temporary restraining orders (TRO). A temporary restraining order can be granted at the time you apply for your order for protection without prior notice to the abuser and without him/her being present in court.1 It is valid for up to 180 days or until a final order for protection becomes effective, whichever happens first. Generally, a hearing on the TRO will take place within 15 days. At the hearing, the abuser can try to prove (“show cause”) why the TRO should be discontinued.2 For information on the protections you can get in a TRO, see How can an order for protection help me?

Note: Although Hawaii does not have an emergency order that can be filed when courts are closed, the law does empower the police to issue a similar “order.” A police officer who is investigating an allegation of abuse of a family/household member can order the abuser to leave the home for a “period of separation.” During this time, it is illegal for the abuser to initiate any contact with you, either by telephone or in person. The “period of separation” lasts until 6:00 p.m. on the second business day following the day the order was issued; the day the order is issued is not counted when calculating the two business days.3 For more information, you can read the whole law on our Selected Hawaii Statutes page.

Final order for protection. At the hearing that takes place approximately 15 days after getting your TRO, the judge can give you an order for protection for a longer amount of time if the judge believes that:

  • the abuser did not prove (“show cause”) why the order should be discontinued; and
  • the order for protection is necessary to prevent domestic abuse from happening or from re-occurring.4

If a temporary or final order for protection prevents the respondent from contacting, threatening, or physically abusing a minor, the order can be extended until a date soon after the minor turns 18.5

If your situation does not fit the requirements for a family court order, you may request an injunction against harassment from the district court. For more information, please see our Injunctions Against Harassment page.

1 HRS § 586-4(a)
2 HRS § 586-5(a), (b)
3 HRS § 709-906(4)(b)
4 HRS § 586-5.5(a)
5 HRS §§ 586-5(a); 586-5.5(a)

Where can I file for an order for protection?

You can file for an order for protection in the family court in the circuit where:

  • the petitioner lives or is temporarily located;
  • the subject of the petition, if s/he is a minor or incapactiated person, lives or is temporarily located;
  • the respondent lives; or
  • the domestic abuse occurred.1 

Go to our Hawaii Courthouse Locations page for addresses and phone numbers of the courthouses.  If you want help, you may want to contact an attorney.  Please see our Hawaii Finding a Lawyer page for more information.

1 HRS § 586-2

What protections can I get in an order for protection due to domestic abuse?

In a temporary order for protection due to domestic abuse, which can be issued when you file for an order for protection, a judge can order the abuser to:

  • stop threatening, contacting, hurting, and psychologically abusing you or any person living with you;
  • not enter or visit your home;
  • immediately leave (vacate) your residence if you live together;
  • not take, hide, get rid of, threaten, or physically abuse any animal belonging to the household; (Note: You can be ordered to follow these restrictions regarding the animal as well);
  • not contact, threaten, or physically abuse you at your place of work;
  • not contact, threaten, or physically abuse your children at school; and
  • not intentionally damage your property or the property of family or household members.1

In an order for protection due to domestic abuse, a judge can:

  1. order all of the protections listed above
  2. order the following additional protections:
    • establish temporary visitation and custody for your minor children, which may include supervised visitation or no visitation;
    • take part in domestic violence intervention services; and you may be ordered to participate as well;
    • grant other reasonable requests that the judge believes are necessary in order for you to be free from the violence;2 and
  3. order your wireless phone provider to:
    • transfer a shared cell phone account that you share with the abuser into your name alone; or
    • remove/release you from a shared wireless plan and assign a substitute telephone number or numbers. Either must be done without charge, penalty, or fee.3 You can read more about this law on our Selected Hawaii Statutes page. (Note: A victim of domestic violence can also request this directly from the wireless service provider even without having an order of protection.4 You can read the requirements in the law on our Selected Hawaii Statutes page.)

Note: Hawaii law makes it illegal for someone who has an ex parte or final order for protection against him/her to have a firearm as long as the order prohibits the abuser from contacting, threatening, or physically abusing you or anyone named in the order.5 The abuser is supposed to hand over all firearms and ammunition to the police department for safekeeping while the order is in effect. For more information, see Can the abuser have a gun?

    1 HRS § 586-4(a),(c); see petition for an order of protection (for example, in the First Circuit)
    2 HRS § 586-5.5(a); see petition for an order of protection (for example, in the First Circuit)
    3 HRS § 586-5.8(a)
    4 HRS § 269-16.93
    5 HRS § 134-7(f)

    If the abuser lives in a different state, can I still get an order against him/her?

    When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

    There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

    1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
    2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
    3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

    However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

    You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

    Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

    Who can get an order of protection

    Who can file for an order of protection?

    You can file an order for protection against a family or household member who has committed acts of domestic abuse against you or your minor child; or, if your minor child who is 16 or older. s/he can file on his/her own.1  A family or household member includes:

    • your current or former spouse;
    • your current or former reciprocal beneficiary,2 which is someone who you have significant personal, emotional, and economic relationships with, but are prohibited from legally marrying;3 (To see the requirements of becoming reciprocal beneficiaries, go to our Selected Hawaii Statutes page);
    • someone with whom you have a child in common;
    • your parent;
    • your child;
    • someone related to you by blood or marriage;
    • someone with whom you live/lived, except this does not include adults who lived together as roommates or who were cohabitants only for economic reasons or due to a contract or lease; and
    • someone who you are dating or used to date.2

    You can also file a petition on behalf of a family or household member who is a minor child, incapacitated person, or is physically unable to go to the appropriate place to complete or file the petition.1 

    1 HRS § 586-3(b)
    2 HRS § 586-1
    3 HRS § 572C-2

    Can I get an order for protection against a same-sex partner?

    In Hawaii, you may apply for an order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for an order of protection?  You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Hawaii?

    You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

    Can I get an order for protection if I'm a minor?

    If you are a minor,1 any family, household member, or state agency may file for an order for protection on your behalf. If you are age 16 or older, you can file on your own without an adult. 2

    1 HRS § 577-1
    2 HRS § 586-3(b)

    How much does an order for protection cost? Do I need a lawyer?

    There is no fee to file for, get, or serve an order for protection.1

    Although you do not need a lawyer to file for an order for protection, it may be helpful to have a lawyer. Having legal representation is especially important if the abuser has a lawyer. Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

    If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the Hawaii Places that Help page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms.2 You will find contact information for courthouses on the Hawaii Courthouse Locations page.

    If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

    1 HRS § 607-2.5
    2 HRS § 586-3(d)

    Steps for getting an order for protection

    Step 1: Call the appropriate office for assistance in filling out your petition/getting a TRO.

    As soon as possible after the abuse occurs, you may want to call the local office or branch of the family court. They may schedule an appointment for you with an advocate to help you to fill out your petition for an order for protection and get a temporary restraining order (TRO). Be prepared to provide details about the abuse, including physical and psychological abuse, verbal threats and property damage.

    You can reach them at the following numbers:
    • O`ahu - Family court temporary restraining order office - (808) 538-5959
    • Hawai`i - Alternatives to violence branch of child and family services - (808) 969-7798
    • Kaua`i - Family court office - (808) 482-2330
    • Maui - Law library/Service center/Jury pool office - (808) 244-2706

    Note: Some of these steps listed in this section may vary depending on what circuit you are in. You may want to contact the appropriate office listed above to make sure that you are taking the right steps.

    Step 2: Fill out your petition with an advocate or on your own.

    If the court makes an appointment for you with an advocate, you can go to that appointment. An advocate will help you fill out the paperwork to file for an order for protection and to request a TRO. 

    If you prefer not to get help with filling out the petition and other paperwork, you can fill it out on your own. The paperwork is available at your local courthouse and online at the Hawaii Judiciary website. You will find links to the forms you will need at our Hawaii Download Court Forms page.  For information on the courthouse in your area, please see our Hawaii Courthouse Locations page.  However, you may want to consider going to the appropriate support office in your circuit as they can help you through the process and give you advice on safety planning.

    On the petition, you will be the “petitioner” and the abuser will be called the “respondent.”  Write about the most recent incidents of violence, using descriptive language - words like “slapping,” “hitting,” “grabbing,” “threatening,” “choking,” etc. - that fits your specific situation.  Include details and dates, if possible.  Describe any property damage, hospital visits because of the abuse, and whether the abuser owns or has threatened you with a weapon.  Be specific.  It may also be important to write any previous court action you have taken against the abuser.

    Be sure to write your name and a safe mailing address and phone number.  If you are staying at a shelter, give a post office box, not a street address.  When you have completed the paperwork, the advocate will instruct you to bring the paperwork to the family court in your county.

    Note: It may also be useful to bring identifying information about the abuser such as his/her home address, work address, a description and plate number of the abuser’s car, and information about his/her gun ownership.

    Step 3: Bring your petition to family court.

    When you bring your petition to court, a judge will look over your request and decide whether to grant you a temporary restraining order (TRO). The judge may ask you questions about your request or s/he may make a decision based on your application only. The abuser does not need to be present for you to get a TRO.

    Note: You may not know right away if the judge will grant you the TRO. The clerk may instruct you to call back later in the day to find out the status of your petition. If you file early in the morning, you will usually hear back later that afternoon. If you file later in the day, you will likely hear back the next day.

    Step 4: Pick up your copies of the TRO.

    If the judge grants a TRO, the court clerk will give you two copies of the order.  One copy will be for you, which will include the date of your order to show cause hearing.  The other copy is certified, sealed, and stamped which can be used to serve the abuser.

    Review the order before you leave the courthouse to make sure that the information is correct.  If something is wrong or missing, you may want to ask the clerk how you can correct the order before you leave.  Be sure to keep it with you at all times.  You may want to keep copies in your car, workplace, or your child’s daycare.

    Step 5: Police will serve the abuser.

    The abuser must be “served,” or given a copy of the petition along with papers that tell him/her about the temporary restraining order (TRO) and the order to show cause (OSC) hearing date.

    After the judge signs your TRO, you will receive a copy. It is your responsibility to make sure that service is completed. You will need to provide an address where the abuser can be found. In some circuits, you may have to take two copies of the TRO to the police station in the district where the abuser can most likely be located. In others, the court will ensure that the abuser is served. You may want to talk to the clerk before you leave the courthouse to make sure you know what the rule is in your circuit. Do not try to serve the abuser yourself.

    Your TRO is not enforceable until the defendant is served.1 Once the police serve the order, they are supposed to take all firearms and ammunition from the abuser. You can read more about this in Can the abuser have a gun? You can call Hawaii Police Records and Services Department to ensure that the abuser has been served and your TRO is in effect.

    1 See Hawaii Judiciary website

    Step 6: The order to show cause (OSC) hearing

    Within 15 days of being granted your TRO, an order to show cause (OSC) hearing date will be scheduled. The date and time of your OSC hearing appears on your TRO. A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary.1

    You must attend the hearing or your petition will be dismissed. However, you can request to attend the hearing remotely instead of in person if you choose. The judge must allow remote attendance if your petition includes at least one allegation of domestic abuse as defined by law. If your petition does not include at least one allegation of domestic abuse, the judge has the option to allow remote attendance or not, after considering factors such as any lack of transportation, child care, and paid time off, as well as your fear of the respondent.2 

    If the abuser has received notice of the hearing, but does not show up, the judge will generally continue with the hearing.  If the abuser has not received notice of the hearing, the judge may order a new hearing date and extend your temporary restraining order.

    You have the right to bring a lawyer to represent you at the hearing. If you need more time to get a lawyer, especially if, for example, you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a “continuance” so you have more time to get a lawyer. An advocate may be available to assist you at your OSC hearing if you can’t get a lawyer. 

    You can learn more about the court system in our Preparing for Court – By Yourself section. In our At the Hearing section, we include ways that you can show the judge that you were abused.

    1 HRS § 586-5.5(a)
    2 HRS § 586-5(b)

    After the hearing

    Can the abuser have a gun?

    Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession while the order is in effect. According to Hawaii’s laws, there will be a specific statement in the order that makes possession of a firearm and ammunition illegal as long as the order prohibits the abuser from contacting, threatening, or physically abusing anyone named in the order. However, it’s possible that the abuser can convince the judge that there is “good cause” to allow the abuser to keep his/her guns. If this happens, the judge will specifically include a statement in the order that says firearm possession is allowed.1

    Firearm possession can be prohibited as part of an ex parte order if, from your allegations in the affidavit, the judge believes that:

    1. the abuser owns, has, or intends to get a firearm; and
    2. the firearm may be used to threaten, injure, or abuse you or someone else.1

    When law enforcement serves the order upon the abuser, the police officer can take custody of any and all firearms and ammunition that:

    • the officer sees (in “plain sight”);
    • are discovered through a search to which the abuser consents; and
    • the abuser voluntarily gives to the police officer.1

    If the abuser is the registered owner of a firearm but refuses to give it to the police, s/he will be guilty of a misdemeanor. In addition, when a police officer is unable to locate the firearms and ammunition, the police officer is supposed to apply to the court for a search warrant to get permission to take (seize) the firearms and ammunition.1

    You can find more information about gun laws by:

    • going to our State Gun Laws section to read about your state’s specific gun-related laws; and
    • reading our Federal Gun Laws section to understand the federal laws that apply to all states.

    You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.

    1 HRS § 134-7(f)

    What should I do when I leave the courthouse?

    These are some things you may want to consider after you have been granted an order for protection.  Depending on what you think is safest in your situation, you may do any or all of the following:

    • Review the order before you leave the courthouse.  If something is wrong or missing, ask the clerk how to correct the order before you leave.
    • Make several copies of the order of protection as soon as possible.
    • Keep a copy of the order with you at all times.
    • Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
    • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
    • Give a copy of the order to anyone who is named in and protected by the order.
    • You may wish to consider changing your locks (if permitted by law) and your phone number.
    • If you are concerned about your safety when leaving the courthouse, you may want to notify a court officer to see if s/he may walk you to your car.

    You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many batterers obey orders for protection, but some do not and it is important to build on the things you have already been doing to keep yourself safe.  For tips on staying safe, go to our Safety Planning page.

    I was not granted an order for protection. What are my options?

    Orders for protection and TROs are generally not granted for two reasons: 1) either your case does not meet the legal requirements; or 2) your petition was not detailed enough. If your petition is not detailed enough, there may not be enough evidence for the judge to grant you the TRO. An advocate or lawyer can help you fill out the petition to prevent this from happening.

    If you were not granted an order for protection because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through an injunction against harassment from the district court. Please see our Injunctions Against Harassment page for more information. You may also be able to reapply for an order for protection if a new incident of domestic abuse occurs after you are denied the order.

    If you are not granted an order for protection, there are still some things you can do to try to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. You will find a list of Hawaii resources on our Places that Help page.

    If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you may need the help of a lawyer. See our Filing an Appeal page for general information on appeals.

    Note: If the court denies a petition for a temporary, final, or extended order, the respondent can ask the judge to order that the petition, which has the allegations of abuse, not be available to the public.1

    1 HRS §§ 586-4(g); 586-5.5(c)

    What happens if the abuser violates the order?

    You can call the police to report a violation, even if you think it is minor. It can be a misdemeanor crime and contempt of court if the abuser knowingly violates the order. Someone convicted for violating a temporary order must serve a mandatory minimum jail sentence of between 48 hours and 30 days, depending on what s/he did to violate the order, whether a felony was committing while violating it, whether it is the first violation or not, etc. In addition, the judge will order the abuser to complete a domestic violence intervention or anger management course.1 

    When you call the police, they will generally send an officer out to make a report. Show the police your TRO or order for protection. If the abuser violated the order by injuring you, damaging property, etc., you can show the police any physical injuries or property damage and you can photograph it for use later on. If the abuser called you in violation of the order, you may want to keep a log of the date and time of the call, what s/he said, save any voicemails or text messages, and write down anything else that you think is important. The police should make a report whether or not the abuser is arrested. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

    1 HRS §§ 586-4(e); 586-11(a)

    How do I change or extend my order for protection?

    Changing your order
    You can ask the court to change (modify) 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 you requested should be made. At the hearing, 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” to extend the order for protection. The judge will decide whether to extend the order, and for how long.

    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)

    Will my order still be valid if I move?

    If you move within Hawaii, your order will still be valid.  It may be a good idea to contact your local law enforcement to let them know about the order for protection and that you have moved to a new area.  You may also want to call the court where you originally received the order to tell them your new address so that they can contact you if necessary.  However, if you want your new address to be kept confidential, be sure to ask the clerk how to ensure that the abuser cannot access it from the court file.

    Additionally, the federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.1  Different states may have different regulations when enforcing out-of-state protection orders.  You may find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area or an attorney.  For information on lawyers or domestic violence programs in the area, please see our Places that Help page and select the new state to which you will be moving.

    If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order between states.

    Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

    1 18 USC § 2265(a)

    If I get a protection order, will it show up in an internet search?

    According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

    • the petition you file;
    • the protection order, restraining order, or injunction that was issued by the court; or
    • the registration of an order in a different state.1

    1 18 USC § 2265(d)(3)

    Injunctions Against Harassment

    Basic information

    What is the definition of harassment for the purposes of getting an injunction against harassment?

    For the purposes of getting an injunction against harassment from the district court, “harassment” is defined as:

    1. physical harm, bodily injury, assault, or the threat of immediate/likely physical harm, bodily injury, or assault; or
    2. a pattern of behavior that seriously and continuously alarms you, serves no legitimate purpose, and causes you to reasonably suffer emotional distress.1

    1 HRS § 604-10.5(a)

    What is an injunction against harassment?

    A district court can issue an injunction against harassment (and initially, a temporary restraining order) if there has been harassment against you by anyone who you do not have a family or household member relationship with.1 Therefore, if you were not granted an order of protection because the person harassing/abusing you is not a “family or household member,” you may be able to seek protection through an injunction against harassment. A typical example of a person who falls under an injunction against harassment is a neighbor, co-worker or schoolmate.

    1 Hawai’i State Judiciary website

    What kinds of injunctions against harassment are there? How long do they last?

    There are two types of injunctions against harassment you may be granted: a temporary restraining order (TRO) or an injunction from further harassment.1

    A temporary restraining order (TRO) can last for up to 90 days from the date it is granted. A hearing will take place within 15 days after the TRO is granted. If the harasser has not been properly notified before the date of the hearing, the court may set a new date for the hearing, so long as it does not exceed 90 days from the date the TRO was granted.2 The TRO may temporarily prevent the harasser from harassing you.3

    An injunction from further harassment can be granted if the judge finds that there is substantial evidence that harassment has occurred. This injunction can last for up to three years.2

    However, a TRO or an injunction that prohibits the respondent from harassing a minor can last until the a date soon after the minor turns 18.2

    1 HRS § 604-10.5(c)
    2 HRS § 604-10.5(g)
    3 HRS § 604-10.5(f)

    What protections can I get in an injunction against harassment?

    An injunction against harassment can prevent the harasser from:

    • assaulting you or causing you physical harm/bodily injury;
    • threatening to cause physical harm, bodily injury, or assault which you believe is likely to occur;
    • intentionally directing behavior at you that alarms or continuously bothers you while having no legitimate purpose, leading you to suffer emotional distress;1
    • contacting or threatening you or anyone who resides in your home;
    • calling you;
    • entering or visiting your home, including the yard or garage; or
    • entering or visiting your place of employment.2

    1 HRS § 604-10.5
    2 Hawai’i State Judiciary website PDF of Petition

    Where can I file for an injunction against harassment?

    You can file for an injunction against harassment in the district court in any of the following districts:

    • where you live or are temporarily located;
    • where the respondent lives; or
    • where the harassment occurred.1

    1 HRS § 604-10.5(c)

    Who can get an injunction against harassment

    Who is eligible for an injunction against harassment?

    You can file for an injunction against harassment against someone who has committed harassment against you or if you experience threats of harassment, which make it very likely that acts of harassment may happen at any moment.1  However, the harasser must not be a family or household member, which means that the harasser cannot be:

    • your current or former spouse;
    • your parent;
    • your child;
    • your relative by blood or marriage;
    • someone with whom you live/lived; (Note: This definition does not include adults who lived together as roommates or who were cohabitants only for economic reasons or due to a lease; therefore, you may be able to file for an injunction against harassment against a roommate or cohabitant);
    • someone with whom you have a child in common;
    • your current or former dating partner;2 or
    • your current or former “reciprocal beneficiary,” which is a person with whom you have significant personal, emotional, and economic relationships, but are prohibited from legally marrying.3

    If the harasser falls into one of these categories above, you may have to apply to the family court for an order for protection instead.  Please see our Orders for Protection due to Domestic Abuse page for more information.

    1 HRS § 604-10.5(d)
    2 HRS § 586-1
    3 HRS §§ 586-1; 572C-2

    Can I get an injunction against harassment against a same-sex partner?

    Injunctions against harassment cannot be filed against current or former dating partners, a spouse or ex-spouse, someone with whom you live/lived romantically, or someone who is considered to be a “reciprocal beneficiary.”1  For information on filing for an order for protection against a same-sex partner in family court, please see our Orders for Protection due to Domestic Abuse page.

    You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

    1 HRS § 586-1

    Can I get an injunction against harassment if I’m a minor?

    If you are 17 or younger and unmarried, one of your parents or a legal guardian needs to come with you to file. If you are under age 18 and married, then you can file for it in your own name, on your own. Note: If you are unmarried but you cannot have a parent or legal guardian come with you, you can explain why in your petition.1

    If the harasser is a minor, the harasser’s parent or guardian should be named as the “respondent” on the harasser’s behalf.1

    1 Hawai’i State Judiciary website

    How much does an injunction against harassment cost? Do I need a lawyer?

    There is a $15.00 filing fee for the TRO, which can be waived in exceptional circumstances.1 

    Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer.  This is especially important if the harasser has a lawyer or if the case is going to trial.  Even if the harasser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

    If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on our Hawaii Finding a Lawyer page. If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

    1Hawai’i State Judiciary website

    Steps for getting an injunction against harassment

    Step 1: Go to the district court to begin the filing process.

    A petition for an injunction against harassment must be in writing and state that a past act(s) of harassment has happened or that threats of harassment are so strong that it is likely that harassment will happen.1

    You can apply for an injunction against harassment by going to one of the following locations:

    • O’ahu –Honolulu District Court, Regular Claims Division, located at 1111 Alakea Street, third floor, (808) 538-5151
    • Maui – Service Center, located at 2145 Main Street, room 141A, (808) 244-2706
    • Hawai’i – Administration and Services Section, 777 Kilauea Avenue, Hilo, (808) 961-7430
    • Kaua’i– Civil Division, located at 3970 Kaana Street, Ste. 207, (808) 482-2303

    There is a $15 filing fee that can be waived in exceptional circumstances.2

    Note: It may be useful to bring identifying information about the harasser such as his/her home address, work address, a description and plate number of the harasser’s car, and information about his/her gun ownership.

    1 HRS § 604-10.5(d)
    2 Hawai’i State Judiciary website

    Step 2: Fill out the petition.

    Carefully fill out the petition. On the petition you will be the petitioner and the harasser will be the respondent. Write about the most recent incidents of harassment, using descriptive language, such as “slapping,” “hitting,” “grabbing,” “choking,” “threatening,” etc., that fits your situation. If you recall the specific language used in threats to you, you may want to include that language in the petition.  Include details and dates, if possible. Be specific.

    Be sure to write a safe mailing address and phone number. You can ask that your address be kept confidential.  You may also ask that the school(s) you or your children attend be kept confidential if that would put you or your children in danger. If you are staying at a shelter, give a Post Office Box, not a street address.

    If you need assistance filling out the forms, you may be able to ask the clerk for help.  You will find links to the forms you will need at our Hawaii Download Court Forms page or from the courthouse in your area.  To find your courthouse, go to the Hawaii Courthouse Locations page.

    Step 3: A judge reviews your petition and may grant you a temporary restraining order.

    After you complete the necessary forms, a judge will look at your petition for an injunction against harassment and may grant you an immediate temporary restraining order, known as a TRO, which can last up to 90 days or until your full court hearing. The judge may ask you questions about your request or s/he may make a decision based on your petition only. The harasser does not need to be present for you to get a TRO.

    If the TRO is granted, a hearing will be scheduled within 15 days. If the harasser has not been properly notified before the date of the hearing, the court may set a new date for the hearing, as long as it is not more than 90 days from the date the TRO was granted.1

    If the judge grants a TRO, the court clerk will give you certified copies of the order. Ask the clerk to “conform” all copies by stamping the judge’s signature and date on all orders.2 Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, you can ask the clerk how you can correct the order before you leave. Be sure to keep it with you at all times. You may want to keep copies in your car, at your workplace, or at your child’s daycare.

    Your TRO is not officially in effect until the respondent receives a copy.2

    1 HRS § 604-10.5(g)
    2Hawai’i State Judiciary website

    Step 4: Service of process

    The harasser must be “served,” or formally given the petition and the papers that tell him/her about the temporary restraining order (if there is one) and the hearing date for the injunction against harassment.

    There are different rules for service depending on which district you live in. You may have to take the court papers to the police or to a process server. There also may be fees for having it served. For more information on the procedure and the fees for service of the order in the First, Second, Third and Fifth circuits, you can go to the Hawai’i State Judiciary website.

    Your TRO is not officially in effect until the respondent receives a copy. You may want to check with the police or the process server who was serving the papers to confirm that the harasser was served.1

    You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

    1 Hawai’i State Judiciary website

    Step 5: The TRO/injunction hearing

    If you want to extend your protection past 90 days, you have to attend a hearing to get a final injunction against harassment.  At the hearing, a judge will hear all of the evidence and decide whether to grant you the injunction.1 If the judge does believe that an injunction against further harassment should be issued, s/he will grant you an order for up to three years.2

    Although you do not need one, you have the right to bring a lawyer to represent you at the hearing.  If you show up to court and the harasser has a lawyer and you do not, you may ask the judge for a “continuance” to set a later court date so you can have time to find a lawyer for yourself.

    See the At the Hearing section under the Preparing for Court tab at the top of this page for ways you can show the judge that you were harassed.

    1 Hawai’i State Judiciary website
    2 HRS § 604-10.5(g)

    After the hearing

    What should I do when I leave the courthouse?

    There are some things you may want to consider doing after you have been granted an injunction against harassment.  Depending on what you think is safest in your situation, you may decide to do any or all of the following:

    • Review the injunction before you leave the courthouse.  If you have any questions about it, you can try to ask the judge or the clerk.
    • Make several copies of the injunction as soon as possible.  Keep a copy of the injunction with you at all times.
    • Leave copies of the restraining injunction at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.  Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the harasser.  Give a copy of the injunction to anyone who is named in and protected by the injunction and encourage them to make their own copies.
    • You may wish to consider changing your locks (if permitted by law) and your phone number.
    • If the clerk is forwarding the order to law enforcement for service, you may want to call law enforcement to make sure they have received copies of the injunction against harassment from the clerk and to ask for updates on when it is being served. 
    • If you are concerned about your safety when exiting the courthouse, you may want to notify a court officer and ask if s/he would accompany you to your car.

    You may also wish to make a safety plan.   People can do a number of things to increase their safety from harassment.  Many harassers obey injunctions, but some do not and it is important to build on the things you have already been doing to keep yourself safe.  For tips on staying safe, go to our Safety Tips for Stalking Victims page.

    I was not granted an injunction against harassment. What are my options?

    You may be able to reapply for an injunction against harassment if a new incident of abuse or harassment occurs or if a new threat of harassment occurs after you are denied the injunction.

    If you believe the judge made an error of law, you can talk to lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. Go to our Filing an Appeal page for general information on appeals.

    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)
    2 County of Maui website
    3 County of Kaua’i website

    What happens to my injunction against harassment if I move?

    If you move within Hawaii, your injunction will still be valid.  You may want to contact your local law enforcement to let them know about the injunction against harassment and that you have moved to a new area.  You may also want to call the court where you originally received the injunction to tell them your new address so that they can contact you if necessary.

    Additionally, the federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.1  Different states have different rules for enforcing out-of-state protection orders.  You can find out about your state’s policies by contacting a domestic violence program, the clerk of court, or the prosecutor in your area.

    If you are moving out of state, you may want to contact a lawyer in that new state who can give you information about how that state treats out-of state orders.  For information on lawyers in the area, please see our Hawaii Finding a Lawyer page and select the new state to which you will be moving.  If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order there.

    Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

    1 18 USC § 2265

    If I get a protection order, will it show up in an internet search?

    According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

    • the petition you file;
    • the protection order, restraining order, or injunction that was issued by the court; or
    • the registration of an order in a different state.1

    1 18 USC § 2265(d)(3)

    Gun Violence Protective Orders

    Basic information

    What is a gun violence protective order?

    A gun violence protective order is a civil court order that prohibits an individual (“respondent”) from having firearms or ammunition in his/her custody or control or from owning, buying, or receiving any firearms or ammunition.1

    1 HI ST § 134-61

    Who can file for a gun violence protective order?

    The following people can file a petition if they believe 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:

    • the respondent’s “family or household member,” which includes:
      • a current or former spouse;
      • a 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
      • a parent;
      • a child;
      • a relative by blood or adoption;
      • a current or former dating partner;
      • the other parent of his/her child; or
      • someone s/he lives or lived with, including as an adult roommate or romantic partner;
    • a law enforcement officer;
    • 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

    1 HI ST § 134-61; 572C-4

    What types of orders are there? How long do they last?

    There are two types of gun violence protective orders: ex parte orders and one-year orders.

    Ex parte gun violence protective orders: The judge will issue an ex parte gun violence protective order if s/he finds that the respondent is at risk of harming him/herself by owning, buying, or receiving a firearm or ammunition or by having a firearm or ammunition in his/her custody or control. The respondent does not need to be in the courtroom or have notice of the case for you to get an ex parte order. The ex parte order will last until the court hearing for a one-year gun violence protective order, which will be scheduled within 14 days.1

    One-year gun violence protective orders: The judge can issue a one-year gun violence protective order after the respondent receives notice and has the opportunity to be present for a hearing in court. At the hearing, the judge will decide if there is a significant danger that the respondent will cause bodily injury to 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. The order will last for one year.2

    1 HI ST § 134–64(f), (i)
    2 HI ST §§ 134-65(c); 134-61

    What protections can I get in a gun violence protective order?

    In a gun violence protective order, the judge can order that the respondent not:

    • own, purchase, have, receive, or transfer ownership of any firearm or ammunition;
    • attempt to purchase, receive, or transfer ownership of any firearm or ammunition; and
    • have any firearm or ammunition in his/her custody or control.1

    After the order is issued, the respondent will have a chance to voluntarily give up his/her firearms or ammunition. If the judge believes that the respondent has firearms or ammunition that s/he has not given up, the judge can issue a search warrant so that law enforcement can remove the firearms or ammunition.2

    1 HI ST §§ 134–64(g)(1); 65(d)(1)
    2 HI ST § 134–67(a), (d)

    Getting the order

    How do I get a gun violence protective order?

    The steps to get a gun violence protective order are similar to the steps to get an order for protection due to domestic abuse, but you will fill out different forms.

    When filing for a gun violence protective order, your petition must include:

    • an affidavit or sworn statement that includes the details that cause you to believe that the respondent poses a danger of causing bodily injury to him/herself or another person by owning, buying, having, or receiving firearms or ammunition or having firearms or ammunition in the respondent’s custody or control;
    • the number, types, and locations of any firearms or ammunition that you believe the respondent has or controls;
    • information about any existing restraining order or protective order that has been issued against the respondent that you know of; and
    • whether there is any pending lawsuit, complaint, petition, or other action in the state involving the person filing for the order and the respondent.1

    1 HI ST § 134–63(b)

    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)

    Can I renew a gun violence protective order?

    The petitioner can ask the judge to renew a one-year gun violence protective order by filing a request for renewal within the three months before the original order is set to end. The respondent must receive notice of the request for renewal. Then the judge will consider relevant evidence, including all of the factors the judge considered when issuing the original order. The judge will renew the order if the judge decides the respondent still poses a significant danger of causing bodily injury to him/herself or others by owning, buying, or receiving firearms or ammunition or having firearms or ammunition in his/her custody or control.

    1 HI ST § 134-65(b)

    Moving with a Hawaii Order for Protection

    Can I get my order for protection from Hawaii enforced in another state?

    If you have a valid Hawaii order for protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid orders of protection granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories.1  See I have a temporary restraining order (TRO). Can it be enforced in another state? to find out if your order for protection qualifies.

    Each state must enforce out-of-state orders for protection in the same way it enforces its own orders.  In other words, if the abuser violates your out-of-state order for protection, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”

    1 18 U.S.C. § 2265

    How do I get my order for protection enforced in another state?

    Federal law does not require you to take any special steps to get your order for protection enforced in another state.

    Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order for protection is enforceable regardless of whether it has been registered or filed in the new state.1  In some states, you will need a certified copy of your order for protection.  A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it.  Rules differ from state to state, so it may be helpful to find out what the rules are in your new state.  You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

    Note: It is important to keep a copy of your order for protection with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

    1 18 U.S.C. § 2265(d)(2)

    I have a temporary restraining order (TRO). Can it be enforced in another state?

    A temporary restraining order can be enforced in other states as long as it meets the requirements listed in How do I know if my protection order is good under federal law?

    Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

    1 18 U.S.C. § 2265(b)(2)

     

    How do I know if my order for protection is good under federal law?

    An order for protection is good anywhere in the United States as long as:

    • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
    • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
    • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. 
      • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

    Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

    1 18 U.S.C. § 2266(5)
    2 18 U.S.C. § 2265(a) & (b)

    I was granted temporary custody with my order for protection. Can I take my kids out of the state?

    Whether you can take your kids our of state may depend on the exact wording of the custody provision in your order for protection. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed before you move, or show the court that there is a fair and realistic alternative to the current visitation schedule.

    If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance in Hawaii on our Hawaii Places that Help page.

    I was granted temporary custody with my order for protection. Will another state enforce this custody order?

    Custody, visitation, and child support provisions that are included in an order for protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1 However, before leaving the state, it is important to talk to a lawyer to make sure that leaving the state would not violate any laws such as parental kidnapping (custodial interference) laws, or any laws that your state may have regarding not removing a child from the state during a court case.

    1 18 USC § 2266

    Can I get someone to help me? Do I need a lawyer?

    You do not need a lawyer to get your order for protection enforced in another state.

    However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to.  A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order for protection, and help you through the process if you decide to do so.

    To find a domestic violence advocate or an attorney in the state you are moving to, click the Places that Help tab and then choose the state from the drop-down menu. If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

    Enforcing an Out-of-State Order in Hawaii

    General rules for out-of-state orders in Hawaii

    Can I get my out-of-state order enforced in Hawaii? What are the requirements?

    Your protection order can be enforced in Hawaii as long as:

    • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
    • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
    • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
      •  In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

    In addition to enforcing orders issued in other U.S. states and territories, Hawaii courts will also enforce orders issued in Canada.3

    Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

    1 18 U.S.C. § 2266(5)
    2 18 U.S.C. § 2265(a) & (b)
    3 HRS § 586-21

    Can I have my out-of-state protection order changed, extended, or canceled in Hawaii?

    Generally, only the state that issued your order for protection can change, extend, or cancel the order. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You would likely have to attend a hearing but you may be able to ask if you can attend by electronic means. To find out more information about how to modify a restraining order, see our Restraining Orders page for the state where your order was issued by entering your state in the drop-down list.

    If your order does expire while you are living in Hawaii, you may be able to get a new one issued in Hawaii, but this may be difficult to do if no new incidents of abuse have occurred in Hawaii. To find out more information on how to get an order for protection in Hawaii, visit our Orders for Protection due to Domestic Abuse page.

     

    I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Hawaii?

    As long as the child custody provision complies with certain federal laws,1 Hawaii can enforce a temporary custody order that is a part of a protection order.

    To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer in your area, please see the Hawaii Finding a Lawyer Page.

    1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

     

    Registering your out-of-state order in Hawaii

    What is the National Crime Information Center (NCIC) Registry? Who has access to it?

    The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

    Before moving to Hawaii, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in HI.

    Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

    How do I register my protection order in Hawaii? Does it cost anything?

    You may wish to file your out-of-state protection order in Hawaii by getting a certified copy of your protection order along with a sworn affidavit (written statement) that says the order is still effective. There is no fee to file your out-of-state protection order.1
    If you need help registering your protection order, you can contact a local domestic violence organization in Hawaii for assistance. You can find contact information for organizations in your area here on our Hawaii Advocates and Shelters page.

    1 HRS § 586-23

     

    Do I have to register my protection order in Hawaii in order to get it enforced?

    Your out-of state protection order does not have to be entered into the state or federal registry in order to be enforced by a Hawaii police officer. Hawaii state law gives full protection to an out-of-state protection order as long as you can show the police officer a copy of the order and the order appears to be authentic, containing the names of both parties and is active.1 A police officer can also verify the existence of an order through the registry without needing a paper copy.2

    If the officer finds that the abuser has violated the out-of-state protection order, s/he can arrest the abuser for violating the order in the same way an abuser would be arrested for violating an order from Hawaii.3

    1 HRS § 586-24(a)
    2 HRS § 586-24(b)
    3 HRS § 586-24(c)

    Will the abuser be notified if I register my protection order?

    Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

    However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our Hawaii Advocates and Shelters page.

    1 18 USC § 2265(d)

    If I don't register my protection order, will it be more difficult to have it enforced?

    While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a Hawaii law enforcement official to determine whether your order is real and therefore it could take longer to get your order enforced.

    If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there can help you decide what the safest plan of action is for you in Hawaii. To see a list of local domestic violence organizations in HI, go to our Hawaii Advocates and Shelters page.