Restraining Order Attorney in Honolulu, HI

Temporary Restraining Orders (TROs) and Injunctions Against Harassment (IAH) are orders issued by the court to protect someone from another person’s dangerous actions. After being served, an abuser will be put on notice that any further contact with the victim will be a violation of law, which can result in their arrest and prosecution. These protective orders will vary in how long they are enforced, but on average they are usually valid for a period of tree years.

A Temporary Restraining Order (TRO) is a court order that prohibits contact by an abuser. A TRO can be issued against any person who has abused or threatened abuse, whether that abuse is physical, extreme psychological, damage to property, or threats.

• If the abuser is an individual the victim is related to, has lived with, has a child with, or dated, then the victim will have to file their petition for TRO in Family Court to get an Order of Protection.
• If the abuser’s relationship with the victim does not fall into the Family Court categories, then the victim will have to file their petition for TRO in District Court to get an Injunction Against Harassment.
• When the TRO petition is filed in the proper court, the Judge will either grant or dismiss the petition based on whether the allegations in the petition convince the Judge that protection is needed.
• If the TRO is granted, it will be effective immediately, however, the TRO is only enforceable after it is served upon the abuser.

Order to Show Cause Hearing
After a TRO is granted, an Order to Show Cause (OSC) hearing date, typically within 15 days of granting the petition, will be assigned. At the OSC hearing, both the victim and the abuser will get a chance to argue their side to the Judge. After hearing both sides, the Judge decides whether to grant a Protective Order/Injunction for a longer period of time, dissolve the TRO, or let the TRO expire.

Consequences of a Restraining Order
Having a restraining order on you can have serious implications. A violation of a restraining order can result in fines and mandatory minimum jail sentences. Additionally, Hawaii law makes it illegal for individuals with a restraining order against them to own or possess firearms and ammunition.

Injunctions Against Harassment – This is a civil order issued by the court to protect someone from harassment by a non-family member or a non-household member. A petition for an injunction against harassment must be in writing and state that a past act or acts of harassment has happened or that threats of harassment are so strong that it is likely that harassment will happen.

If you think you may need any type of protective order, it’s best to seek the help of an attorney who can prepare and file the order for you. The Attorneys for Freedom can help with this process. Contact us or call our Honolulu office at 808-647-2423.

Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423