dui attorney hawaii

DOMESTIC VIOLENCE

The State of Hawaii takes allegations of Domestic Violence very seriously.

If you have been accused of abuse of family or household member,
contact our law firm immediately.
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Domestic Violence charges may be brought under the Abuse of Family or Household Member Statutes.

A family or household member is defined as spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit. Family or household members do not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual affiliation.

Domestic Violence Charge?
Attorneys for Freedom is
available to help you

If you have been charged with Domestic Violence, our expert legal team at Attorneys for Freedom will work with you to come up with the best legal defense.
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The police have a lot of discretion in determining if there has been a domestic disturbance. Under Hawaii laws, the police may with or without a warrant, arrest a person if the officer has reasonable grounds to believe that the person is physically abusing, or has physically abused, a family or household member and that the person arrested is guilty thereof. If the officer reasonably believes domestic violence has occurred, the officer shall order the person to leave the premises for a period of separation, during which time the person shall not initiate any contact, either by telephone or in person, with the family or household member; provided that the person is allowed to enter the premises with police escort to collect any necessary personal effects.

Abuse of a family or household member and refusal to comply with the lawful order of a police officer are misdemeanors and the person shall be sentenced as follows:

  • For the first offense the person shall serve a minimum jail sentence of forty-eight hours;
  • For a second offense that occurs within one year of the first conviction, the person shall be termed a “repeat offender” and serve a minimum jail sentence of thirty days. Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed. At sentencing the court requires that the offender undergo any available domestic violence intervention programs ordered by the court.
  • For a third or any subsequent offense that occurs within two years of a second or subsequent conviction, the offense shall be a class C felony, punishable by up to five years in prison and fines.
  • Where the physical abuse consists of intentionally or knowingly causing bodily injury by impeding the normal breathing or circulation of the blood by strangulation the offender will be guilty of a class C felony, punishable by up to five years in prison and fines.
  • Where physical abuse occurs in the presence of a minor, and the minor is a family or household member less than fourteen years of age, abuse of a family or household member is a class C felony, punishable by up to five years in prison and fines.
domestic violence

IF YOU HAVE BEEN ACCUSED OF ABUSE OF FAMILY OR HOUSEHOLD MEMBER, CONTACT OUR LAW FIRM IMMEDIATELY.

We are prepared to take the steps necessary to reinstate your property and firearm rights, as they may temporarily be revoked by mere allegations of domestic violence. Domestic violence cases are very fact specific, and our team of legal experts will work with you to come up with the best legal defense when faced with these serious charges.

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