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You can fill out and file a Response to Request for Civil Harassment Restraining Orders (Form CH-120. ) where you tell the judge your side of the story about what happened. Even if you do not file a Response, GO TO YOUR HEARING!
To change a TRO for any reason, you need to go back to Court and ask the Judge to amend the TRO. Call ATV (Hilo: 969-7798, Kona: 326-1607) or District Court (Hilo: 961-7470, Kona 322-8700) for help. If you want to do more than just get a TRO, you can change your name and Social Security Number.
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.
Report Abuse Protected person goes to court and tells the judge she wants order lifted. Go to court when it opens, see clerk, get case called to court, go to court when called, tell judge you want them to drop the protective order.
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 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,
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.
If you break a restraining order in California you can be charged with a felony and might face between 16 months and three years in jail and a fine of up to $10,000. Whether a violation is a misdemeanor or felony will depend on the facts and circumstances of the violation and the criminal history of the defendant.
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.