Domestic violence is a serious issue that affects individuals and families across Hawaii. If you or someone you know is experiencing abuse, threats, or harassment, the law provides protections to help ensure safety. One of the most effective legal tools available is a protective order, commonly known as a restraining order. Understanding how to file for protection and knowing your legal rights can make a significant difference in escaping a dangerous situation.

What Is Domestic Violence Under Hawaii Law?

Hawaii defines domestic violence as physical harm, threats, emotional abuse, harassment, or stalking between:

• Spouses or ex-spouses
• Dating partners
• Family members (including parents, children, and siblings)
• Roommates or individuals living in the same household

Abuse can take many forms, including:

• Physical Abuse – Hitting, slapping, pushing, or any form of physical harm
• Emotional and Psychological Abuse – Intimidation, threats, gaslighting, or manipulation
• Sexual Abuse – Any forced sexual activity without consent
• Financial Abuse – Controlling access to money or employment
• Stalking and Harassment – Repeated, unwanted contact that causes fear

If you are experiencing any of these forms of abuse, you have legal options to seek protection.

Types of Protective Orders in Hawaii

Hawaii courts offer different types of protective orders based on the urgency and nature of the situation:

1. Temporary Restraining Order (TRO)

A Temporary Restraining Order (TRO) is an emergency protection order that lasts for up to 90 days. It is designed to provide immediate relief from abuse and may require the abuser to:

• Stay away from you, your home, workplace, or school
• Cease all contact (calls, texts, emails, social media)
• Leave a shared residence (if applicable)

A TRO can be granted the same day you file, without the abuser being present.

2. Order for Protection (OFP)

An Order for Protection (OFP) is a long-term restraining order that can last several years. It is issued after a court hearing where both parties present evidence. If granted, an OFP may:

• Extend the no-contact provisions of a TRO
• Award temporary custody of children to the victim
• Require the abuser to attend counseling or treatment programs

3. Criminal Protective Orders

If domestic violence involves a criminal offense (such as assault), the court may issue a criminal protective orderalongside criminal charges. This can provide additional legal enforcement and penalties for violations.

How to File for a Restraining Order in Hawaii

If you need protection from an abuser, follow these steps to file for a Temporary Restraining Order (TRO):

Step 1: Go to Family Court

Visit the Family Court in your county:

• Oahu: First Circuit Family Court – Honolulu
• Maui: Second Circuit Family Court – Wailuku
• Big Island: Third Circuit Family Court – Hilo or Kona
• Kauai: Fifth Circuit Family Court – Lihue

You can also contact Hawaii’s Domestic Violence Action Center (DVAC) for assistance.

Step 2: Complete and Submit the Petition

You will need to fill out a petition for a TRO, which requires:

• Your personal information
• Details about the abuser
• A description of the abuse or threats
• Any supporting evidence (photos, texts, police reports, witness statements)

Step 3: Judge’s Review and TRO Issuance

A judge will review your petition and may issue a TRO the same day. The order takes effect immediately after being served to the abuser by law enforcement.

Step 4: Attend the Court Hearing

Within a few weeks, the court will schedule a hearing to determine if a longer Order for Protection (OFP) is necessary. Both you and the abuser will have a chance to present evidence. It is strongly recommended to have a family law attorney represent you during this process.

Step 5: Enforce the Order

If the abuser violates the restraining order, immediately call 911. Violations can result in arrest, fines, and jail time.

Legal Resources for Domestic Violence Victims in Hawaii

If you are experiencing domestic violence, help is available. Consider reaching out to these Hawaii-based organizations:

• Domestic Violence Action Center (DVAC) – (808) 531-3771
• Hawaii State Judiciary Self-Help Centers – Free legal guidance
• Hawaii State Coalition Against Domestic Violence (HSCADV) – Advocacy and support services
• The National Domestic Violence Hotline – 1-800-799-SAFE (7233)

 Protecting Yourself from Domestic Violence

If you are in an abusive situation, seeking legal protection is a crucial step toward safety. Hawaii’s protective order laws provide immediate relief and long-term security for victims of domestic violence. By understanding your legal rights and accessing available resources, you can take the necessary steps to protect yourself and your loved ones.

For legal assistance with filing a restraining order in Hawaii, consulting an experienced family law attorney can help ensure your case is handled effectively. Your safety and well-being should always be the priority.