This official form is completed and used by a party seeking a temporary restraining order to protect him or her from harassment by the defendant. A temporary restraining order, if granted, would be in effect for fifteen days until which time a hearing will be held. The petitioner then asks that an injunction be issued to bar respondent from coming within certain contacts with petitioner for three years. The determination of whether the injunction will be granted will be made at the "show cause" hearing. A TRO is also included with this form.
Hawaii Petition for TRO and for Injunction Against Harassment
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You will need to research and write (1) an Application for TRO, stating what you are requesting and when the hearing will be; (2) a Memorandum of Points and Authorities, explaining the relevant laws and how they apply to your facts; (3) a Declaration under penalty of perjury explaining of the facts of the case,
It is valid for up to 180 days or until an order for protection becomes effective, whichever happens first. Generally, a hearing on the TRO will take place within 15 days. At the hearing, the abuser can try to show cause (prove) why the TRO should be discontinued.
Temporary Restraining Orders: A temporary restraining order (TRO) is an order by the court immediately prohibiting a threatened action.Preliminary Injunctions: A preliminary injunction is an order prohibiting an action, to preserve the status quo while the underlying court case is decided.
What do you need to file a TRO against your abuser? Filing for a Hawaii restraining order is a straightforward process. Once you fill in the necessary forms, all you need to do is sign and file them. A Family or District court judge will review your application.