Table of Contents

• A quick overview of the legal system

Family Court Orders of Protection

• What is the legal definition of domestic abuse in Hawaii?
• What is a Family Court Order of Protection? What types are there?
• Who can get a Family Court Order of Protection?
• How can a Family Court Order of Protection help me?
• How much does it cost? Do I need an attorney?
• What are the steps for getting a Family Court Order of Protection?
• What will I have to prove at the hearing?
• What should I do before the hearing to prepare my case?
• What should I do on the day of the hearing?
• What is the order of events in the courtroom?
• What should I do when I leave the courthouse?
• I was not granted a Family Court Order of Protection. What are my options?
• What can I do if my abuser violates the Order?
• How do I change or extend the Family Court Order of Protection?
• What if I move?

District Court Restraining Orders
If you do not qualify for a Family Court Order of Protection, you may be able to get protection through a District Court Restraining Order.

• What is a District Court Restraining Order? How do I get one?

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A quick overview of the legal system

The Hawaii legal system is divided into two areas: civil law and criminal law.

One of the most confusing things about the legal system is the difference between civil cases and criminal cases. In domestic violence situations, there may be both civil and criminal cases occurring at the same time as a result of the same violent act. The major differences have to do with who takes the case to court and the reason for the case.

• Under civil law, one person sues another for a private wrong. In a civil domestic violence action, you are asking the court to resolve the conflict between you and your abuser. You are not asking the court to punish that person for committing a crime. The Family Court Orders of Protection we talk about on this page are under the civil law system.
  
  
• The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, and theft. A criminal complaint involves charging your abuser with a crime.

Domestic violence cases may involve both civil and criminal action.

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What is the legal definition of domestic abuse in Hawaii?

Hawaii law defines "domestic abuse" as the occurrence of one or more of the following things between "family or household members":

• Physical harm
• Bodily injury
• Assault
• The threat of imminent physical harm, bodily injury, or assault
• Extreme psychological abuse
• Malicious property damage

To read the exact wording of the law, please see "Chapter 586, Section 1: Definitions" on the HI Legal Statutes page.1

• Contacting, threatening, or physically abusing you;
• Contacting, threatening, or physically abusing any person living with you;
• Entering or visiting your residence.

After applying at Family Court, a judge will review your TRO. If the TRO is granted, an Order to Show Cause (OSC) hearing will be scheduled within 15 days. The purpose of the court hearing is to determine if protection should be extended beyond 90 days.2

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Who can get a Family Court Order of Protection?

You can seek a family court order of protection for you or for your minor child if the person who has committed acts of domestic abuse is a family or household member. Examples include:

• A spouse or former spouse
• A current or former reciprocal beneficiary
  • "reciprocal beneficiaries" means a couple who is ineligible to marry, but signs an official declaration of intent to enter into an relationship with each other.
• Someone you live with or used to live with
• A relative by blood
• Someone you are (or were) related to by marriage
• Someone with whom you have a child in common
• A person with whom you have or had a dating relationship
• A current or former same-sex partner

Note: A parent may file on behalf of a minor child and a guardian may file on behalf of an incapacitated or disabled person.4

To read the exact wording of the law, please see "Chapter 586, Section 3" on the Legal Statutes page.

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How can a Family Court Order of Protection help me?

In a Family Court Order of Protection, a judge may order your abuser to:

• Stay away from you and your children and/or any person living with you
• Stay away from your residence, work place, school, day care (you must specifically request these places)
• Stop threatening or hurting you or any person living with you
• Stop contacting you or any person living with you
• Surrender any and all firearms and firearm identification cards to the police
• Participate in a domestic violence intervention service

The Order of Protection can also:

• Establish temporary visitation and custody for your minor children
• Other reasonable requests that the judge believes are necessary in order for you to be free from the violence

Whether a judge orders any or all of the above depends on the facts of your case.

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How much does it cost? Do I need a lawyer?

Nothing. There is no filing fee to get a Family Court Order of Protection.

Although you do not need a lawyer to file for an Order of Protection, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the HI Links & Resources page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the Courthouse Locations & Info page.

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Step 1: Call the Adult Services Branch (ASB) of Family Court. As soon as possible after the abuse occurs, call the ASB. Be prepared to briefly provide details about the abuse. This includes physical and psychological abuse, verbal threats and property damage.

You can call the ASB Monday - Friday, 7:45am-3pm (except holidays) at the following numbers:

• O`ahu - (808) 538-5959
• Hawaii`i - (808) 933-1311
• Kaua`i - (808) 246-3300
• Maui - (808) 244-2706
  • If you live on Maui, you can skip this step above and call one of these organizations directly:

After the ASB worker receives information about your abuse and the person against whom you are filing charges (your abuser), you will be scheduled for an appointment at the Family Court. During the appointment at Family Court, your request for a Temporary Restraining Order (TRO) will be filed for the judge's review.

Step 2: Bring identification for you and identifying information about your abuser. When you go to the courthouse, remember to bring some form of identification. It is also helpful to bring identifying information about your abuser if you have it:

• a photo
• addresses of residence and employment
• phone numbers
• a description and plate number of your abuser's car
• history of drugs or gun ownership
• enough money for a meter or parking lot

Step 3: Go to Family Court appointment and fill out necessary forms. The clerk will provide you with the forms that you need to file. On the form, you will be the "plaintiff" and your abuser will be called the "defendant". Write briefly about the most recent incidents of violence, using descriptive language - words like "slapping," "hitting," "grabbing," "threatening," "choking," etc - that fits your specific situation. Include details and dates, if possible. Describe any property damage, hospital visits because of the abuse and whether your abuser owns or has threatened you with a weapon. Be specific. It will also be important to write any previous court action you have taken against your abuser.5

Be sure to write your name and a safe mailing address and phone number. If you are staying at a shelter, give a Post Office Box, not a street address.

If you need assistance filling out the form, ask the clerk for help. You can also find help through one of the domestic violence organizations listed on our HI Links & Resources page.

You will find links to the forms you will need at our Download Court Forms page or from the courthouse in your area. Courthouse Locations & Info

Step 4: A judge reviews your application. After you complete the necessary forms, a Judge will look over your Temporary Restraining Order (TRO) request. The Judge may ask you questions about your request or s/he may make a decision based on your application only. Your abuser does not need to be present for you to get a TRO.

If the judge grants a TRO, the court clerk will give you a copy of the order. Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, ask the clerk to correct the order before you leave. Be sure to keep it with you at all times. You may want to keep copies in your car, workplace, or your child's daycare.

Step 5: Service of Process. Your abuser must be "served," or given papers that tell him about the Temporary Restraining Order and the Order to Show Cause (OSC) hearing date.

After the Judge signs your TRO, he or she will tell the police to serve your abuser, or notify him of the court proceedings and of the upcoming hearing for a final order of protection. You will need to provide an address where your abuser can be found.  You must take two copies of the TRO to the police station in the district where your abuser can most likely be located.  Do this right after you leave Family Court. Do not try to serve your abuser yourself. 6

Your TRO is not enforceable until the defendant is served. You must check with the police to confirm that your abuser was served.

Step 6: The Order to Show Cause (OSC) Hearing. If you want to extend your TRO past 90 days, you have to attend an OSC hearing. The date and time of your OSC hearing appears on your TRO. At the hearing, an impartial ASB officer will take information from both you and your abuser. A judge will hear all of the evidence and decide whether to extend your TRO beyond 90 days. If the judge does believe that a final order of protection should be issued, he or she will grant you an order that can last for as long as s/he determines is necessary. 7

You must go to the hearing. If you do not appear, your petition will be dismissed, even if the Defendant hasn't been served with a copy of the TRO.

If the abuser has received notice of the hearing, but does not show up, the judge will continue with the hearing. The TRO will remain in effect and you will continue to be protected by it until the expiration date of the order. If the abuser has not received notice of the hearing and does not show up, the judge may order a new hearing date and extend your temporary restraining order.

Continuance. You have the right to bring a lawyer to represent you at the hearing. If you show up to court and your abuser has a lawyer and you do not, you may ask the judge for a "continuance" to set a later court date so you can have time to find a lawyer for yourself.

It is a good idea to see a lawyer if you think your abuser will challenge custody or child support, or if you have been severely injured or expect an injury to last a long time. If the court does issue a continuance, the court should also reissue or extend your TRO since your original one might expire before the rescheduled hearing.

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What will I have to prove at the hearing?

As the plaintiff requesting an Order of Protection, you must:

• Prove that the defendant has committed acts of domestic violence (as defined by the law) against you or your minor children or has threatened violence against you or your children in a way that makes you believe that you will be harmed.
• Convince a judge that you need protection and the specific things you asked for in the Complaint (petition).8

See What should I do before the hearing to prepare my case? for ways you can show the judge that you were abused.

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What should I do before the hearing to prepare my case?

First, you should prepare yourself for seeing your abuser in the courtroom. In addition, there are several steps you should take to fully prepare yourself for your hearing.

Contact witnesses who saw the abuse or your injuries.
Anyone can be a witness, including:

Anyone can be a witness-- a friend, family member, children, emergency room nurse, doctor, stranger, law enforcement officer, etc. Some witnesses may not come to court unless they are given a subpoena which commands them to appear and testify. Ask the court clerks about subpoena forms. If the people you subpoena do not come to the hearing, let the judge know.

Get evidence to help you prove your case. Evidence can include:

• What you or a witness says in court about the incident(s)
• Medical reports
• Police reports
• Pictures of your injuries - best if dated
• Household objects torn or broken by your abuser
• Pictures of your household in disarray after an episode of domestic violence
• Weapons used
• Tapes of calls you may have made to 911
• Certified copies of the abuser's criminal record
• Anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection.9

The more evidence you have, the greater your chances of being granted a Family Court Order of Protection. However, the judge will listen to your story even if you have no physical evidence or witnesses.

Practice telling your story. You may want to make an outline or notes of the history of violence between you and the defendant. You may take notes to court with you to look at if you forget something, but if you read from them, the judge may order that the defendant be allowed to see them. Tell your story in your own words, but leave out details that have nothing to do with the physical violence or threats of violence. Also, be specific; rather than saying, "He or she hit me," tell the judge how you were hit, where on your body you were hit, and how many times. Be specific.

You may want to mention:

• The last two incidents of violence
• The worst two incidents of violence
• Whether the defendant has a gun or other weapons
• Whether the defendant has threatened to physically hurt or kill you.

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What should I do on the day of the hearing?

What should I do when I leave the courthouse?

• Review the order before you leave the courthouse. If you have ANY questions about it, be sure to ask the judge.
• Make several copies of the Order of Protection as soon as possible. Keep a copy of the Order of Protection with you at all times. Leave copies of the Order of Protection at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order. If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them. You may wish to consider changing your locks and your phone number.
• One week after court, you may want to call your local law enforcement offices to make sure they have received copies of the Order of Protection from the clerk.10
• Notify a court officer if you are concerned about your safety.

You may also wish to make a safety plan. Women 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 batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Planning. (You can access the safety planning information any time from the WomensLaw.org home page.)

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I was not granted a Family Court Order of Protection. What are my options?

If you are not granted an Order for Protection, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help 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 Hawaii resources on our HI Links & Resources page.

If you were not granted an Order for Protection because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through a District Court Restraining Order. What is a District Court Restraining Order? How do I get one?

You may also be able to reapply for an Order of Protection if you have new evidence to show the court that domestic abuse did occur, or if a new incident of domestic abuse occurs after you are denied the Order.

If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer.

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It is important to recognize the limitations of a Temporary Restraining Order or Family Court Order of Protection. You must be vigilant in enforcing the order's provisions by reporting every violation to the police or the court. Be sure to write down the date, time, location, and what happens when your Order is violated.

Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. In addition, the police can arrest him.

When you call the police, they will send an officer out to make a report.  Show the police your Temporary Order or Order of Protection. If the police witnessed the violation or if the abuser is still in the area, the police will most likely make an arrest.  Show the police any physical injuries or property damage.  If the defendant is harassing you by telephone, and your Order protects you from phone contact, hang up immediately.  Call the police.  Keep a log of the date and time of the call, and what was said.

The police will 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.

Do not contact the defendant.  Should the defendant violate your Order, police and judges may take your report less seriously if you have been in touch with the defendant.

If no arrest was made, and/or you are uncertain of an arrest, call the Victim/Witness Assistance Division of the Prosecuting Attorney’s Office as soon as possible.  Tell them you made a police report for a TRO or Order of Protection violation. 

If an arrest was made, it is not necessary to call the Prosecuting Attorney's Office because they will automatically become involved. However, if you need information or have questions about what to expect, call the Victim/Witness Assistance Division of the Prosecuting Attorney's Office.

You can contact the appropriate Victim/Witness Assistance Division of the Prosecutor's Office by calling:

• O`ahu - (808) 523-4158
• Maui - (808) 243-7695
• Hawai`i - (808) 961-0466
• Kaua`i - (808) 241-6477

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How do I change or extend the Family Court Order of Protection?

You may apply to the court to have your Order of Protection extended, up through the day that it expires. You will have to go back to the Family Court clerk and fill out a petition similar to the one you completed for the original order. The judge will decide whether to extend the order, and for how long.13

For any other changes, call the clerk of court to find out how you can include them on your order. You can find this contact information on the Courthouse Locations & Info page. You will most likely have to go back to the Family Court and tell the clerk you want to fill out a form to change your Order of Protection. The judge will have to approve any changes. You must have a substantial reason for wanting to change the order, and must be able to prove this in court.

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What if I move?

If you move within Hawaii, your order will still be valid and good. It is a good idea to contact your local law enforcement to let them know about the Order of Protection 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.

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders. You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.15

If you are moving out of state, you should call the domestic violence program in the state where you are going to find out how that state treats out-of-state orders.

If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Civil protective orders may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information.

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What is a District Court Restraining Order? How do I get one? If you were not granted an Order for Protection because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through a District Court Restraining Order.

A District Court can order a Restraining Order if there has been a pattern of harassment, including:

• Physical violence
• Sexual violence
• Threats of physical or sexual violence
• Malicious property damage
• Psychological abuse
• Stalking
• Repeated unwanted contact

In order to qualify for a District Court Restraining Order, the person harassing or abusing you cannot be:

• a current or former spouse
• a relative by blood or marriage
• someone who lives or has lived with you
• someone with whom you have a child in common
• a current or former dating partner
• a current or former reciprocal beneficiary

In District Court, you will be the "petitioner" and the person harassing you will be the "respondent". If you are 17 or younger, one of your parents or a legal guardian needs to come with you to file on your behalf.  If the abuser is a minor, the abuser’s parent or guardian should be named as the "respondent" on the abuser’s behalf.  If you cannot have a parent or legal guardian come with you, explain why in your petition.

There are no fees to file for a District Court Restraining Order. The steps for filing for a District Court Restraining order are similar to the Family Court steps above. The main difference is that you need to go to the District Court, not Family Court. (See the Courthouse Locations & Info page and the Download Court Forms page.) For modifications and extensions of District Court Restraining Orders, file with the clerk of the District Court that issued your order.

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