When a marriage becomes toxic and irreparable, couples may come to the difficult decision of pursuing a divorce as the best option to move forward. However, the process of filing for divorce can be further complicated if there is a restraining order in place against one’s spouse. This article aims to provide crucial information on the possibility of filing for divorce with a restraining order in Hawaii.
Understanding Restraining Orders in Hawaii
Restraining orders hold significant legal weight in protecting individuals who feel threatened or fear harm from another person. In the state of Hawaii, a restraining order is a court-issued document that contains specific provisions preventing the subject from engaging in certain activities or contacting the person who requested the order.
Types of Restraining Orders
In the context of Hawaii, there exist two distinct types of restraining orders that can be obtained:
Temporary Restraining Orders (TROs): These orders are granted when someone has experienced threats or harm from another individual. It’s imperative to note that TROs have a validity period of 14 days but can be extended for further durations when necessary.
Protective Orders: Unlike TROs, protective orders are granted after a hearing during which a judge evaluates presented evidence and determines that the subject poses a threat to the person seeking the order. Protective orders have the potential to remain in effect for up to three years, with the possibility of extensions beyond this initial timeframe.
Filing for Divorce with a Restraining Order in Hawaii
Filing for divorce in Hawaii, even in the presence of a restraining order, is indeed possible. It is essential to recognize that the existence of a restraining order does not automatically preclude the option of filing for divorce. Nevertheless, it’s crucial to understand that the presence of a restraining order may complicate the divorce process.
Serving Divorce Papers
In Hawaii, initiating a divorce entails the petitioner (the spouse initiating the divorce) serving the divorce papers to the other party (the respondent). However, when a restraining order is in effect against the respondent, it is of utmost importance for the petitioner to strictly adhere to the court’s instructions regarding serving the papers.
In scenarios where the respondent cannot be located or contacted to receive the divorce papers due to the restraining order, the petitioner has the option to petition the court for a waiver of service. This waiver would grant the petitioner permission to proceed with the divorce proceedings without personally serving the papers to the respondent.
Child Custody and Visitation
In cases involving children within a divorce where a restraining order is in place, the court takes into careful consideration the safety and well-being of the children when deliberating on matters of child custody and visitation.
If the subject of the restraining order is the parent seeking custody or visitation rights, the court conducts a thorough evaluation to determine whether granting such rights is in the best interests of the children involved. In such cases, the court may implement various protective measures, such as supervised visitation, to ensure the children’s safety while allowing the parent some form of involvement.
Conclusion
While filing for divorce with a restraining order in Hawaii is a viable option, it is vital to recognize the potential complications that may arise throughout the process. To ensure the safety and well-being of all parties involved, it is crucial to diligently adhere to the guidelines and instructions of the court. If considering a divorce in such circumstances, it is highly advisable to seek the guidance and expertise of an experienced family law attorney who can provide the necessary assistance and support needed to navigate this legally intricate terrain.