Domestic violence affects families across Hawaii, from Honolulu to the outer islands. If you're experiencing abuse or threats from a family member or intimate partner, Hawaii's family court system provides legal tools to protect you and your children. Understanding protective orders—also called restraining orders—can be the first critical step toward safety.
What is a Protective Order in Hawaii?
A protective order is a court-issued legal document that prohibits someone from engaging in specific behaviors toward you or your family members. In Hawaii, protective orders are taken seriously by law enforcement and the courts. Violating a protective order can result in criminal charges, jail time, and additional penalties.
These orders address the immediate danger posed by an abuser and can include provisions protecting your residence, workplace, children's school, and other locations you frequent regularly. Hawaii recognizes that domestic violence isn't limited to married couples—the law protects those in dating relationships, same-sex partnerships, and other family situations involving abuse.
Types of Protective Orders Available in Hawaii
Hawaii's family court system offers several categories of protective orders, each designed for different situations and timeframes:
Temporary Restraining Orders (TROs)
A Temporary Restraining Order is the fastest way to get immediate protection. You can obtain a TRO without the abuser present—this is called an ex parte order. Hawaii family courts can issue TROs without a hearing if you demonstrate immediate danger. These orders typically last 14 days while you await a full hearing on a longer-term protective order.
Protective Orders (Long-Term)
After a TRO expires, you can request a Protective Order that lasts up to two years. To obtain this, you'll need to appear in family court and present evidence of abuse. The respondent (the abuser) has the right to appear and contest the order. Hawaii courts base decisions on whether abuse has occurred and whether future abuse is likely.
Orders to Cease Abuse
These orders specifically prohibit harassment, threats, or physical abuse. They can include "no contact" provisions preventing any communication between you and the abuser.
How to File for a Protective Order in Hawaii Family Court
Step 1: Locate Your District Family Court
Hawaii has family courts on all major islands. On Oahu, the main family court is located in Honolulu. If you're on the Big Island, Maui, or Kauai, each has its own family court facility. You can find contact information through the Hawaii State Judiciary website.
Step 2: Complete the Required Forms
You'll need to complete an "Application for Temporary Restraining Order and Protective Order." Be specific about the abuse you've experienced—dates, locations, and what happened. Provide details about any injuries, threats, or property damage. If children are involved, explain how the abuse affects them.
Step 3: File at the Family Court
Bring your completed application to the family court clerk's office. There's no filing fee for domestic violence protective orders in Hawaii. File as early as possible—courts prioritize these matters. You can file in person or, in some cases, by telephone if you fear appearing in person.
Step 4: Attend the Hearing
If you obtain a TRO, you'll return to court within 14 days for a full hearing. Bring witnesses, photographs of injuries, medical records, police reports, or any other evidence supporting your case. If you have a lawyer, they can present your case. If not, victim advocates may be available to assist you.
What Protective Orders Can Include
Hawaii family courts have broad authority to craft protective orders addressing your specific situation. Common provisions include:
- Prohibiting contact with you, your children, or other family members
- Ordering the abuser to stay away from your home, workplace, or children's school
- Establishing temporary custody or visitation arrangements
- Awarding temporary child support or spousal support
- Requiring surrender of firearms or weapons
- Prohibiting monitoring via GPS, social media, or other electronic means
- Mandating counseling or substance abuse treatment
Enforcement and Violations
Once issued, a protective order is enforceable throughout Hawaii and, under federal law, across all 50 states. Hawaii police take violations seriously. If the abuser contacts you, appears near your home or workplace, or otherwise violates the order, contact local law enforcement immediately and report it to the family court.
Violating a protective order can result in misdemeanor or felony charges, depending on the nature of the violation and the abuser's history. This carries potential jail time and criminal penalties.
Safety Planning and Additional Resources
While a protective order provides legal protection, it's important to also develop a safety plan. The Hawaii Coalition Against Sexual Assault and the Family Crisis Center offer free resources and support for domestic violence victims. These organizations can help you plan for safety, locate shelter if needed, and connect you with counseling services.
If you have children, a protective order may address custody matters, but family court can also issue separate custody orders ensuring your children's safety and wellbeing.
Consult with a Family Law Attorney
While you can file for a protective order on your own, consulting with a family law attorney in Hawaii can strengthen your case significantly. An experienced family law lawyer understands Hawaii court procedures, can help gather evidence effectively, and can represent you at hearings. Many attorneys offer free initial consultations, and legal aid may be available if you cannot afford representation.
Whether you're facing immediate danger or planning for long-term protection, Hawaii's family court system provides legal remedies. Don't hesitate to reach out to local family law professionals who can guide you through the process and help ensure your safety and that of your children.