Getting a restraining order during a divorce can be a tough process, but it is an important step to keep yourself safe from potential harm. Hawaii has certain laws and procedures that must be followed in order to obtain a restraining order. Here’s what you need to know:
Grounds for Restraining Order
You can file for a restraining order if your spouse has threatened to physically harm you or your children, has caused physical harm, stalked you, or engaged in other harassing or abusive behavior. The court will need evidence to grant a restraining order, so it’s important to document any instances of abuse or threats.
Steps to Getting a Restraining Order
File a petition for a restraining order at the Domestic Violence Prevention Resource Center (DVPRC) in the county where you reside. You should be prepared to provide details about the abuse, including the incident(s) causing you to seek an order of protection.
A judge will review your petition and, if they believe there is enough evidence of abuse, may grant a temporary restraining order (TRO) that will typically last for up to 3 weeks.
A hearing will be scheduled within 15 days of your petition in order to determine whether to make the order permanent, which could be for up to three years.
What Happens After the Restraining Order is Granted?
Once the court has granted a restraining order, your spouse will not be able to contact you or come within a certain distance of your home, school, or work. They will also not be allowed to possess firearms or other weapons. Violating a restraining order can lead to criminal charges.
How a Restraining Order Affects Divorce Proceedings
If you are going through a divorce, getting a restraining order can complicate matters, particularly if you have children together. The court may consider granting temporary custody of the children to the petitioner of the restraining order, so if you are in this situation you should seek the advice of an attorney.
Conclusion
It’s important to remember that getting a restraining order is only one step towards ensuring your safety and that of your children. You should also seek the assistance of a Domestic Violence Prevention Resource Center counselor to develop a safety plan. Additionally, if you are going through a divorce, speak with an attorney who can assist you in navigating the legal process.