Legal Information: Hawaii

Restraining Orders

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March 11, 2022

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:

  • order all of the protections in the temporary order, listed above; and
  • 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; (Note: 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
  • 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 HI 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 HI 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 (and ammunition) 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)

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