Domestic violence is an alarming and pervasive issue that affects people worldwide, and Hawaii is no exception. Within the state, a substantial number of domestic violence cases ultimately result in divorce. Nonetheless, leaving an abusive relationship can be a daunting task due to various factors, including fear of the abuser, financial dependency, and lack of legal knowledge. This article aims to shed light on the legal options available to victims of domestic violence in Hawaii, providing them with a way forward.
Domestic Violence in Hawaii: A Complex Challenge
The prevalence of domestic violence in Hawaii is cause for concern. According to the Hawaii State Judiciary, approximately 21% of criminal cases filed in the state in 2019 were related to domestic violence. Moreover, between 2011 and 2015, an average of 8,636 protective orders were issued annually in Hawaii, underscoring the magnitude of the problem.
It is important to recognize that domestic violence can manifest in various forms, ranging from physical and emotional abuse to sexual and financial exploitation. Hawaii’s laws on domestic abuse encompass not just married couples, but also individuals in dating or cohabiting relationships. Consequently, domestic violence victims in Hawaii are entitled to protection and support.
Divorce in Hawaii: The Path to Freedom
In Hawaii, divorce is legally referred to as "dissolution of marriage." The state recognizes both fault and no-fault divorce. In a no-fault divorce, both parties mutually agree to terminate their marriage without attributing blame to either spouse. On the other hand, a fault divorce involves one spouse pointing out the other’s responsibility for the breakdown of the marriage.
To initiate a divorce in Hawaii, at least one spouse must have resided in the state for a minimum of six months prior to filing. The divorce process encompasses various aspects, such as the division of marital property, determination of child custody and visitation rights, as well as the calculation of child and spousal support payments.
Legal Options for Victims of Domestic Violence: Empowering Pathways
Victims of domestic violence in Hawaii have several legal avenues to pursue for protection and support. Understanding these options is crucial to ensuring their safety and well-being.
Temporary Restraining Order (TRO): A Swift Shield
A Temporary Restraining Order (TRO) is a court order that immediately prohibits an abuser from inflicting harm or making threats towards the victim. In Hawaii, the court has the authority to issue a TRO as an expedited measure to safeguard victims of domestic violence. The court may also include specific provisions in the order, such as mandating that the abuser vacate the shared residence or maintain a certain distance from the victim.
Usually lasting for a period of 14 days, a TRO can be extended by the court for up to three years if necessary. Notably, a TRO can be filed by the victim themselves, a parent or guardian on behalf of a minor victim, an advocate or attorney, or even the police.
Protective Order: Sustained Protection
A Protective Order, while similar to a TRO, offers more permanent protection to domestic violence victims. It can be obtained following a hearing where the victim presents evidence of domestic abuse. Typically, a Protective Order is granted once the Temporary Restraining Order expires.
A Protective Order remains in effect for up to three years and is renewable by the court as needed. Not only does it prohibit contact between the victim and the abuser, but it can also mandate that the abuser attend counseling or treatment programs.
Divorce: Liberation Through Legal Means
In Hawaii, victims of domestic violence have the option to seek a divorce from their abusers. The state’s legislation recognizes physical or emotional abuse as valid grounds for divorce. If a judge determines that the abuse is severe and poses a threat to the victim’s physical or mental health, a divorce may be granted.
Divorce can provide domestic violence victims in Hawaii with an opportunity for a fresh start. It allows them to terminate the abusive relationship, seek financial support, and pursue custody of their children, if applicable.
Legal Aid: Guiding Victims Towards Justice
Hawaii Legal Aid offers victims of domestic violence access to essential legal support. This valuable resource provides free legal services to low-income individuals and those affected by domestic violence.
Victims can receive assistance from Hawaii Legal Aid in obtaining a TRO or Protective Order, filing for divorce based on domestic abuse, and advocating for child support and custody rights. By leveraging legal aid services, victims can navigate the complex legal system with support and protect their rights and interests.
Conclusion: Empowerment Through Knowledge and Support
The issue of domestic violence looms large in Hawaii, pushing many victims to seek divorce as a means of escape. Thankfully, various legal options such as Temporary Restraining Orders, Protective Orders, divorce, and the availability of legal aid can provide victims with the protection and support they desperately need.
In such challenging circumstances, it is crucial to seek assistance when breaking free from an abusive relationship. Victims should consider reaching out to local law enforcement or contacting a domestic violence hotline, such as the Domestic Violence Action Center on Oahu or the Child & Family Service on other islands. Additionally, victims can find solace and guidance through the support of experienced attorneys and legal aid organizations, ensuring their path towards freedom and a safer future.