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EspañolCan the abuser have a gun?
There are laws that prohibit the abuser (respondent) from having a gun in his/her possession while a domestic abuse protective order is in effect. According to Hawai‘i’s laws:
| If… | Then… |
|---|---|
| the order prohibits the abuser from contacting, threatening, or physically abusing anyone named in the order | the order will clearly state that s/he cannot have a firearm or ammunition in his/her possession as long as the order is in effect.1 |
When law enforcement serves the order on the abuser, the police officer can take away any and all firearms and ammunition that:
- the officer sees (in “plain sight”);
- are discovered through a search the abuser consents to; or
- the abuser voluntarily gives to the officer.1
The officer will be specifically looking for any firearms which:
- you listed in your petition; or
- are registered to the abuser.1
If the officer can’t find them, s/he is supposed to get a search warrant for the purpose of taking (seizing) the firearms and ammunition. If the abuser knows the location of a firearm that’s registered to him/her, they have to tell the officer. Otherwise, the abuser will be guilty of a misdemeanor.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 Haw. Rev. Stat. § 134-7(f)
What should I do when I leave the courthouse?
Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.
- Review your order carefully before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
- Make several copies of the protective order 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 your children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- If you have a security guard or front desk person where you live or work, give them a copy of the order and a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may want 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 want 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 abusers obey protective orders, but some do not. So, it’s important to build on the things you have already been doing to keep yourself safe. You can look at our Safety Planning page for suggestions.
I was not granted a domestic abuse protective order. What are my options?
If you were not granted a domestic abuse protective order 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.
Even if the judge didn’t give you a domestic abuse protective order, 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 organizations in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and 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 Hawai‘i’s 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. You can find basic information on our Filing an Appeal page. This process usually has to be started very soon after the final decision, and it is, in itself, a complicated process. You will most likely need the help of a lawyer.
You may also be able to reapply for a domestic abuse protective order if a new incident of domestic violence happens after your first petition was denied.
Note: If the judge denies a request for a temporary or extended protective order, the abuser can ask the judge to order that the petition – including your allegations of abuse - won’t be available to the public. Even if the judge grants this request, law enforcement officers will still be able to see this information.1
1 Haw. Rev. Stat. §§ 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. Intentionally violating a domestic abuse protective order can be a crime.
In Hawai‘i, someone convicted for violating a temporary order (TRO) must:
- Serve a mandatory minimum jail sentence of 5 to 30 days. The specific sentence will depend on whether or not:
- this is the first violation;
- the abuser has been convicted of certain felonies in the past; and
- any of the felonies were committed against a family or household member;
- Pay a fine of $300 to $1000 unless the judge finds that s/he won’t be able to pay;
- Complete an assessment through a local domestic violence program; and
- Complete a domestic violence intervention or anger management course.1
Someone convicted of violating a final order must:
- Serve a mandatory minimum jail sentence of 5 to 45 days. The specific sentence will depend on whether or not:
- this is the first violation; and
- there were any violations of the TRO issued in the same case;
- Pay a fine of $300 to $1000 unless the judge finds that s/he won’t be able to pay;
- Complete an assessment through a local domestic violence program; and
- Complete a domestic violence intervention or anger management course.2
When you call the police, they will generally send an officer out to make a report. Show the police your TRO or domestic abuse protective order. Save any available evidence you have of the violation.
| If the abuser… | Then you may want to… |
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Hopefully, the police will make a report even if the abuser is not arrested. It’s usually a good idea to write down the responding officer’s name and badge number so you can follow up on your case if needed.
1 Haw. Rev. Stat. § 586-4(e)
2 Haw. Rev. Stat. § 586-11(a)
How do I change or extend my domestic abuse protective order?
Changing your order
Either you or the abuser can ask the judge to change (modify) the terms of an existing family court domestic abuse protective order. The person who is asking for the change must file a petition in court. The other person must be notified, and a hearing may be held to determine if the modification that was requested should be made. For the judge to make a modification, s/he must find that something important has changed since the order was issued or since the last modification was made. This is what the law refers to as “a material change in the circumstances of the parties.”1
Extending your order
Before your order expires, you can apply to the court to have it extended. You will have to go back to the family court clerk and file a motion to ask for the extension. The judge will hold a hearing to determine:
- whether or not the protective order should be extended; and
- if so, for how long.2
The law says a protective order can be extended for a “reasonable period of time,” so how long it will last is completely up to the judge. If the order prohibits the respondent from contacting, threatening, or physically abusing a minor, it can be extended until after the minor turns 18.2
During the hearing, the judge will consider:
- evidence of the abuse and threats of abuse that happened before you got your temporary restraining order (TRO); and
- whether there is “good cause” to extend the domestic abuse protective order.2
Extended protective orders can include all of the protections in your original order. They can also include any additional protections that the judge believes are 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 Haw. Rev. Stat. § 586-9
2 Haw. Rev. Stat. § 586-5.5(b)
Will my order still be valid if I move?
If you move within Hawai‘i, your order will still be valid. It may be a good idea to contact your local law enforcement to let them know about the domestic abuse protective order 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, ask the clerk how to make sure that the abuser cannot find it in the court file.
If you move to another state or territory within the United States, federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protection order, it’s enforceable throughout the U.S., 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 visiting our Legal Information page and choosing your new state from the map. You can also try contacting a domestic violence program, the clerk of courts, 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 you’re moving to.
You can 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 U.S.C. §§ 2265(a); 2266
If I get a protective order, will it show up in an internet search?
According to federal law, courts are not supposed to make any information publicly available on the internet that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protective order, restraining order, or injunction you get; or
- the registration of an order in a different state.1
Federal law applies to all states, territories, and tribal lands.
1 18 U.S.C. § 2265(d)(3)
