Domestic violence is a serious and often hidden issue that affects individuals and families throughout Hawaii. Whether it’s physical, emotional, sexual, or financial abuse, victims have the right to seek safety, protection, and legal recourse. Fortunately, Hawaii law provides a strong framework to help victims escape dangerous situations and protect themselves and their children.

This blog outlines the legal protections available for domestic violence victims in Hawaii, including protective orders, court procedures, and support resources to help families find safety and justice.

What Is Domestic Violence in Hawaii?

Under Hawaii law, domestic violence is defined as abuse committed by a family or household member, which includes:

• Current or former spouses
• Dating partners
• Parents of a shared child
• Family members by blood or marriage
• Roommates or individuals who live together

Abuse can take many forms, including:

• Physical harm (hitting, slapping, pushing)
• Verbal threats or emotional abuse
• Sexual abuse or coercion
• Stalking and harassment
• Financial control or isolation

Legal Protections for Domestic Violence Victims in Hawaii

Victims of domestic violence have several legal options for protection, even if they do not wish to press criminal charges. The most common form of legal protection is a restraining order, also known as a protective order.

Types of Protective Orders in Hawaii:

1. Temporary Restraining Order (TRO)

A TRO is an emergency, short-term court order designed to offer immediate protectionfrom an abuser. It can require the abuser to:

• Stay away from the victim’s home, school, or workplace
• Cease all contact (calls, texts, emails, in-person communication)
• Leave a shared residence
• Temporarily surrender firearms

A TRO can be obtained without the abuser present and typically lasts up to 90 days, until a full hearing can be held.

2. Order for Protection (OFP)

An Order for Protection is a longer-term restraining order issued after a court hearing. If granted, an OFP may:

• Extend the protections provided in the TRO
• Award temporary custody of children to the victim
• Order the abuser to attend counseling or treatment programs
• Last for several years, with the possibility of extension

How to File for a Protective Order in Hawaii

Victims of domestic violence can take these steps to seek legal protection:

Step 1: File a Petition at Family Court

Visit the Family Court in your county to file a Petition for a Temporary Restraining Order. You’ll need to provide:

• A written statement describing the abuse
• Any supporting evidence (photos, texts, police reports, medical records)
• Contact information for both parties

Forms are available at court or can be downloaded from the Hawaii State Judiciary website.

Step 2: Judge’s Review and TRO Issuance

The judge will review your petition and may grant the TRO the same day. The order becomes active once it is served to the abuser by law enforcement.

Step 3: Attend the Hearing for a Long-Term Order

A hearing will be scheduled within a few weeks. Both you and the abuser may present evidence. The judge will decide whether to issue a long-term Order for Protection.

It’s strongly recommended to consult a Hawaii family law attorney or contact a local domestic violence advocacy organization for support throughout this process.

How Family Law Courts Handle Domestic Violence Cases

Hawaii’s Family Court takes domestic violence allegations seriously. In addition to granting protective orders, the court may:

• Award temporary custody of children to protect them from harm
• Order supervised visitation or restrict parental contact
• Consider domestic violence when determining child custody or divorce terms
• Refer parties to counseling, anger management, or substance abuse treatment

The court’s primary concern is always the safety and well-being of the victim and any children involved.

Support Resources for Domestic Violence Victims in Hawaii

If you or someone you know is experiencing domestic violence, there are resources available to help:

1. Domestic Violence Action Center (DVAC)

• Legal advocacy, court support, and safety planning
• Phone: (808) 531-3771
• Website: www.domesticviolenceactioncenter.org

2. Hawaii State Coalition Against Domestic Violence (HSCADV)

• Provides statewide resources and referrals
• Website: www.hscadv.org

3. National Domestic Violence Hotline

• 24/7 confidential support and resources
• Phone: 1-800-799-SAFE (7233)
• Website: www.thehotline.org

You Are Not Alone – Legal Help Is Available

Domestic violence can be devastating, but victims in Hawaii have legal protections and support systems to help them find safety and regain control of their lives. Whether you’re seeking a restraining order, custody protection, or legal representation, understanding your rights is the first step.

If you are in immediate danger, call 911. For legal guidance and compassionate representation, speak with a trusted Hawaii family law attorney who can help you navigate the court process and advocate for your safety and future.