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Legal Information: Hawaii

Restraining Orders

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Updated: 
May 28, 2020

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)