Hawaii Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

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Multi-State
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US-01130BG
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Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

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FAQ

A restraining order is a court order enjoining a person from taking a particular action in relation to another person. Also referred to as a temporary restraining order (TRO). Restraining orders are often issued in cases of domestic violence.

A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary (usually up to 3 years). You must go to the hearing.

The temporary injunction can temporarily prevent the harasser from harassing and contacting you. After a hearing, an injunction from further harassment can be granted if the judge finds that there is clear and convincing evidence that harassment has occurred. This injunction can last for up to three years.

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.

You can apply for an injunction against harassment by going to one of the following locations: O'ahu ?Honolulu District Court, Regular Claims Division, located at 1111 Alakea Street, third floor, (808) 538-5151. Maui ? Service Center, located at 2145 Main Street, room 141A, (808) 244-2706.

Once a Hawaii restraining order is served, the TRO will tell your abuser by order of the court to refrain from further contacting, threatening or abusing you in any way. Refusal to follow the TRO guidelines is a serious violation of the law and can result in the arrest and conviction of the offender.

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

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Hawaii Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right