Hawaii Automatic Restraining Order

State:
Hawaii
Control #:
HI-819D
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Description

This document is an automatic restraining order that prevents either party from disposing of property without the court's permission or engaging in other actions that would be unfair or detrimental to the other party.

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FAQ

If you have a temporary restraining order (TRO) and a court hearing coming up, you cannot drop the case.If you do not go, the restraining order will be dropped.

Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet.

Step1: Call the appropriate office for assistance in filling out your petition/getting a TRO. Step 2: Go to your appointment and fill out your petition with an advocate. Step 3: Bring your petition to family court. Step 4: Pick up your copies of the TRO. Step 5: Police will serve the abuser.

If the defendant is not related to you by blood and you have never lived together, please file through District Court. If the defendant is a family member, or has or had a dating relationship with the person seeking the TRO, please file through Family Court.

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.

You have the right to attend the final restraining order hearing to defend yourself against the other party's allegations before a final restraining order can be issued against you.At the hearing, the judge will hear testimony from both parties and possibly any witnesses.

Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.

A TRO will only expire after 14 days, unless it is extended for another 14 days, or unless the party against whom the order is directed consents that it may be extended for a longer period.

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Hawaii Automatic Restraining Order