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Legal Information: Hawaii

Restraining Orders

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Laws current as of November 15, 2024

What happens if the abuser violates the order?

You can call the police to report a violation, even if you think it is minor. It can be a misdemeanor crime and contempt of court if the abuser knowingly violates the order. Someone convicted for violating a temporary order must serve a mandatory minimum jail sentence of between 48 hours and 30 days, depending on what s/he did to violate the order, whether a felony was committing while violating it, whether it is the first violation or not, etc. In addition, the judge will order the abuser to complete a domestic violence intervention or anger management course.1 

When you call the police, they will generally send an officer out to make a report. Show the police your TRO or order for protection. If the abuser violated the order by injuring you, damaging property, etc., you can show the police any physical injuries or property damage and you can photograph it for use later on. If the abuser called you in violation of the order, you may want to keep a log of the date and time of the call, what s/he said, save any voicemails or text messages, and write down anything else that you think is important. The police should make a report whether or not the abuser is arrested. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

1 HRS §§ 586-4(e); 586-11(a)