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Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment

State:
Hawaii
Control #:
HI-SKU-0660
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PDF
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Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment
The Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment is a court order that is used to protect a person from being harassed, threatened, or abused by another person. The petition must be filed in the Family Court of the State of Hawaii. It is a form of civil protection that is issued by the court to protect the petitioner from further harm or contact from the respondent. The petitioner must show evidence that the respondent has engaged in a pattern of threatening, harassing, or abusive behavior. There are two types of Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment. The first is an Ex Parte Temporary Restraining Order (TO). This is a court order that can be issued without the respondent being present. It is usually issued on an emergency basis, and can last up to 20 days or until a court hearing can be held. The TO will outline specific restrictions on the respondent, such as no contact with the petitioner, no communication of any kind, and/or stay away orders. The second type of Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment is an Injunction Against Harassment. This is a court order that can be requested by the petitioner and is issued after a court hearing. It can last up to one year and is more permanent than a TO. The injunction will outline specific restrictions on the respondent, such as no contact with the petitioner, no communication of any kind, and/or stay away orders. Both types of Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment provide legal protection from further harassment, threats, or abuse.

The Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment is a court order that is used to protect a person from being harassed, threatened, or abused by another person. The petition must be filed in the Family Court of the State of Hawaii. It is a form of civil protection that is issued by the court to protect the petitioner from further harm or contact from the respondent. The petitioner must show evidence that the respondent has engaged in a pattern of threatening, harassing, or abusive behavior. There are two types of Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment. The first is an Ex Parte Temporary Restraining Order (TO). This is a court order that can be issued without the respondent being present. It is usually issued on an emergency basis, and can last up to 20 days or until a court hearing can be held. The TO will outline specific restrictions on the respondent, such as no contact with the petitioner, no communication of any kind, and/or stay away orders. The second type of Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment is an Injunction Against Harassment. This is a court order that can be requested by the petitioner and is issued after a court hearing. It can last up to one year and is more permanent than a TO. The injunction will outline specific restrictions on the respondent, such as no contact with the petitioner, no communication of any kind, and/or stay away orders. Both types of Hawaii Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment provide legal protection from further harassment, threats, or abuse.

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FAQ

If you have been granted a Temporary Restraining Order (TRO) by a Family Court judge or a District Court judge, the Court has ordered your abuser (the respondent of the TRO) to abide by the conditions set out in the TRO. Violating a court order is called contempt of court and is a misdemeanor criminal offense.

It is valid for up to 180 days or until a final 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.

If you have been granted a Temporary Restraining Order (TRO) by a Family Court judge or a District Court judge, the Court has ordered your abuser (the respondent of the TRO) to abide by the conditions set out in the TRO. Violating a court order is called contempt of court and is a misdemeanor criminal offense.

A Hawaii TRO is an order issued by the court that protects victims of abuse or harassment against their attacker. They become effective as soon as the respondent is served with copy and they can either be filed in family court or in district court, depending on who is threatening you.

What is an Injunction Against Harassment? An Injunction Against Harassment is civil order issued by a District Court (as opposed to Family Court) to protect someone from harassment committed by a non-family member or a non-household member.

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.

What Is The Penalty For Violating A TRO? In Hawaii, a violation of a TRO results in a minimum jail sentence of 48 hours and up to a $500 fine. For the second violation of the same order, you could be sentenced to a mandatory minimum 30-day jail sentence and a maximum fine of $1,000.

More info

A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. If you want to ask for Temporary Emergency (Ex Parte Orders) to deal with an emergency, read page 3 of Form DV-400-INFO PDF file type icon .Chapters 34-35 include a sample ex parte application for TRO and OSC re preliminary injunction with all required elements, and a proposed TRO. Petition For Ex Parte Temporary Restraining Order And For Injunction Against Harassment Form. Within 21 days, or, if good cause appears to the court, 25 days from the date the temporary restraining order is issued, a hearing shall be held on the petition. Petition for Harassment Restraining Order (HAR102). Contact an attorney for legal advice and more complete information. 230 "Order for protection against harassment in the workplace" defined. Extreme Risk Protection Order (temporary). A. Antiharassment Protection Order.

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Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment