Legal Information: Hawaii

Restraining Orders

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Updated: 
November 13, 2018

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

Yes. 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

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)

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

No. Only the state that issued your order for protection can change, extend, or cancel the order. You cannot have this done by a court in Hawaii.

To have your order changed, extended, or canceled, you will have to file a motion or petition, notify the abuser, and attend a hearing in the court where the order was issued. 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 (go to this link and enter your state from 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 (Family Court) page.

 

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

Yes. 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 HI 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.