The Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment is a legal document used to protect individuals from harassment, physical injury, and intentional infliction of emotional distress. This petition is used to request an injunction from the court to prevent the harasser from engaging in any further acts of harassment. This document can be filed in either the Family or Circuit Court in the jurisdiction where the petitioner resides. There are three types of Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment: Domestic Abuse Ex Parte Temporary Restraining Order (DATA), Harassment Ex Parte Temporary Restraining Order (HER), and Stalking Ex Parte Temporary Restraining Order (SET). The DATA is used to protect individuals from violence and/or threats of violence in a domestic relationship. The is used to protect individuals from harassment, including physical or verbal threats, stalking, cyberstalking, or any other form of menacing behavior. The SET is used to protect individuals from stalking, which is defined as repeated, unwanted, and intrusive following or contact that causes fear and/or emotional distress. The petition typically includes information such as the name of the petitioner, the name of the respondent (harasser), the nature of the harassment, and details of any previous attempts to stop the harassment. The petitioner must also provide evidence to support the petition, such as police reports, witness testimonies, or other forms of documentation. The court may issue a temporary restraining order and set a hearing date to determine if a permanent injunction should be granted. If a permanent injunction is granted, the respondent must comply with the terms of the injunction or face legal consequences.
Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment
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FAQ
What Is The Penalty For Violating A TRO? In Hawaii, a violation of a TRO results in a minimum jail sentence of 48 hours and up to a $500 fine. For the second violation of the same order, you could be sentenced to a mandatory minimum 30-day jail sentence and a maximum fine of $1,000.
Under Section 586-11, whenever a person restrained knowingly or intentionally violates an order of protection, he or she is guilty of a misdemeanor. If the protective order violation is in the nature of domestic abuse and it is a first offense, the offender faces: A minimum 48 hour jail sentence. Up to a $500 fine.
There is a $15.00 filing fee for the TRO, which can be waived in exceptional circumstances. Personal checks are accepted. If the TRO is granted, the clerk will give you certified copies of the TRO. Ask the clerk to ?conform? all copies by stamping the judge's signature and the date of signing on all orders.
What is an Injunction Against Harassment? An Injunction Against Harassment is civil order issued by a District Court (as opposed to Family Court) to protect someone from harassment committed by a non-family member or a non-household member.
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.
It is valid for up to 180 days or until a final order for protection becomes effective, whichever happens first. Generally, a hearing on the TRO will take place within 15 days. At the hearing, the abuser can try to ?show cause? (prove) why the TRO should be discontinued.
A Hawaii TRO is an order issued by the court that protects victims of abuse or harassment against their attacker. They become effective as soon as the respondent is served with copy and they can either be filed in family court or in district court, depending on who is threatening you.
It is valid for up to 180 days or until a final order for protection becomes effective, whichever happens first. Generally, a hearing on the TRO will take place within 15 days. At the hearing, the abuser can try to ?show cause? (prove) why the TRO should be discontinued.