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EspañolStep 1: Call the appropriate office for assistance in filling out your petition/getting a temporary restraining order (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 a court officer to help you fill out your petition for a domestic abuse protective order and ask for a 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 the steps that follow this one 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. A court officer will help you fill out the paperwork to file for a domestic abuse protective order and request a temporary restraining order (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 Hawai‘i Judiciary website. You will find links to the forms you will need at our Hawai‘i Download Court Forms page. For information on the courthouse in your area, please see our Hawai‘i Courthouse Locations page. However, you may want to consider going to the appropriate support office in your circuit. 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 that fits your specific situation. For example, you might use words like “slapping,” “hitting,” “grabbing,” “threatening,” “choking,” etc. Include details and dates, if possible. Describe any property damage, any hospital visits or medical appointments due to the abuse, and explain whether the abuser owns or has threatened you with a weapon. Be specific. It may also be important to write down any previous court action you have taken against the abuser.
Be sure to include your name, a safe mailing address, and your 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 it 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 or not to grant you a temporary restraining order (TRO). The judge may make his/her decision based on your application only. The abuser does not need to be present for you to get a TRO.
Note: You might not find out right away whether the judge is going grant your 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 may be more likely to hear back later that afternoon. If you file later in the day, you might not hear back until the next day.
Step 4: Pick up your copies of the TRO.
If the judge grants you 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, which is certified, sealed, and stamped, 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 also 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 date of the order to show cause hearing. 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 area where the abuser is most likely to be found. 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. You cannot serve the abuser yourself; only a person who is not involved in the case can serve the papers.1
Your TRO is not enforceable until the abuser is served.2 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 the law enforcement agency that’s serving your paperwork to make sure that the abuser has been served and that your TRO is in effect.
1 Haw. R. Civ. P. 4(c)
2 See Hawai‘i Judiciary website
Step 6: The order to show cause (OSC) hearing
An OSC hearing date will be scheduled within 15 days of the date your TRO is granted. The date and time of your hearing will be written on your TRO.
During the OSC hearing, a judge will hear all of the evidence and decide whether or not to extend your TRO beyond 180 days. If the judge believes that a final domestic abuse protective order should be issued, it will last for as long as s/he feels is necessary.1
You must attend the hearing, or your petition will be dismissed. However, if you want to, you can request to attend the hearing remotely instead of in person. 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 still has the option to allow you to attend remotely. To make this decision, s/he will consider factors such as:
- whether or not you have transportation or child care;
- whether or not you can get paid time off; and
- your fear of the respondent.2
You can check if your circuit has a form you can file to request to appear remotely.
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. Getting a lawyer may help make sure your rights are protected, especially if the abuser has one. If you need more time to find a lawyer, you may ask the judge for a “continuance” so you have more time to hire someone. An advocate may be available to help you at your OSC hearing if you can’t get a lawyer. However, only a lawyer can give you legal advice or represent you in court.
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 Haw. Rev. Stat. § 586-5.5(a)
2 Haw. Rev. Stat. § 586-5(b)
