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Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment

State:
Hawaii
Control #:
HI-SKU-0724
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PDF
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Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment

Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment is a legal document filed in Hawaii courts to protect an individual from being harassed or threatened by another person. This legal document is used to protect victims from physical violence, threats, stalking, and other forms of intimidation. The petition requests the court to issue an Ex Parte Temporary Restraining Order (TO) and an Injunction Against Harassment, which can be issued without the respondent's knowledge. The TO prevents the respondent from engaging in certain activities such as contacting the petitioner, coming within a certain distance of the petitioner, and/or entering the petitioner's residence. The Injunction Against Harassment prohibits the respondent from engaging in any acts of harassment or intimidation against the petitioner. There are two types of Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment; one for general harassment and one for domestic abuse.

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FAQ

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.

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.

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.

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.

To change a TRO for any reason, you need to go back to Court and ask the Judge to ?amend? the TRO. Call ATV (Hilo: 969-7798, Kona: 326-1607) or District Court (Hilo: 961-7470, Kona 322-8700) for help.

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.

More info

A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. If you want to ask for Temporary Emergency (Ex Parte Orders) to deal with an emergency, read page 3 of Form DV-400-INFO PDF file type icon .Chapters 34-35 include a sample ex parte application for TRO and OSC re preliminary injunction with all required elements, and a proposed TRO. Petition For Ex Parte Temporary Restraining Order And For Injunction Against Harassment Form. Within 21 days, or, if good cause appears to the court, 25 days from the date the temporary restraining order is issued, a hearing shall be held on the petition. Petition for Harassment Restraining Order (HAR102). Contact an attorney for legal advice and more complete information. 230 "Order for protection against harassment in the workplace" defined. Extreme Risk Protection Order (temporary). A. Antiharassment Protection Order.

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Hawaii Petition For Ex Parte Temporary Restraining Order and For Injunction Against Harassment