In the state of Hawaii, domestic violence poses a significant threat, leading to the implementation of robust measures to safeguard victims and prevent further harm. Acquiring a restraining order, a court-issued directive that restricts an individual from engaging in certain actions and contacting the victim, stands as one of the most effective means to deter an abuser. Therefore, victims of domestic violence and abuse should consider obtaining a restraining order to safeguard themselves and their families. This comprehensive guide will provide you with essential steps to get a restraining order in Hawaii Family Court.
Familiarize Yourself with the Different Types of Restraining Orders
Before embarking on the process of obtaining a restraining order, it is crucial to familiarize yourself with the various types of protection orders available in Hawaii.
Temporary Restraining Order (TRO)
A temporary restraining order, commonly referred to as a TRO, acts as a rapid-response protection order that can be obtained on the same day the victim files a request. These orders remain valid for a duration of 14 days and provide immediate protection to the victim.
Protective Order
Unlike a TRO, a protective order serves as a more permanent option, extending up to 90 days. These orders are typically issued following a court hearing and can be renewed as needed to maintain long-term protection.
Permanent Restraining Order
A permanent restraining order boasts an extended validity period of up to three years. To obtain a permanent restraining order, two hearings must occur. The first hearing assesses the eligibility of the request, while the second establishes the specific terms of the order.
Complete the Restraining Order Request Form
Once you have determined which type of restraining order suits your circumstances, the next step is to fill out a restraining order request form. This document can be obtained either from the Clerk’s office or downloaded from the state’s website. Ensure that you provide detailed and accurate information, including dates and times of incidents, comprehensive personal details of the abuser, thorough accounts of the abuse endured, and any related police reports or court documents.
Submit the Restraining Order Request Form
After completing the request form, promptly file it in the Family Court. It is essential to note that in Hawaii, there is no filing fee associated with obtaining a restraining order. Additionally, make sure to provide the respondent with a copy of the request form to keep them informed about the allegations made against them.
Attend the Court Hearing
In the event that a temporary restraining order is granted, the Court will schedule a hearing within two weeks of filing the initial request. During this hearing, the Judge will review the evidence presented and allow both parties to express their positions before deciding whether to grant the restraining order for an extended duration. It is highly recommended to have legal representation present during the hearing and, if necessary, provide additional evidence substantiating the victim’s claims.
Focus on Prevention and Aftercare
Following the successful acquisition of a restraining order, it becomes imperative to take preemptive measures to safeguard personal safety and inhibit further contact with the abuser. These measures may include changing phone numbers, installing security systems, and promptly contacting the police if the abuser violates the terms outlined in the restraining order. Ensuring the victim’s well-being, the Hawaii state government offers a wide range of resources and support services to aid in the recovery process and facilitate a fresh start.
Conclusion
Acquiring a restraining order through Hawaii Family Court is a critical stride towards mitigating the impact of domestic violence and abuse on your life. Whether you require immediate protection through a temporary order or seek a more enduring solution, Hawaii Family Court offers a comprehensive range of legal options to prevent further incidents. By cultivating an understanding of the distinct types of protection orders, diligently completing the necessary paperwork, actively participating in court hearings, and adopting preventative measures, you can effectively safeguard your physical and emotional well-being while commencing your journey toward healing and recovery.