Hawaii Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass

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Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.


Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Once a Hawaii restraining order is served, the TRO will tell your abuser by order of the court to refrain from further contacting, threatening or abusing you in any way. Refusal to follow the TRO guidelines is a serious violation of the law and can result in the arrest and conviction of the offender.

If service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing; provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted.

FAQ's About 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. Where is Bilecki Law Group located in Hawaii?

A temporary restraining order can be granted at the time you apply for your order for protection without prior notice to the abuser and without him/her being present in court. It is valid for up to 180 days or until a final order for protection becomes effective, whichever happens first.

If the respondent is not at the hearing because he or she was not served, ask the judge to temporarily extend the TRO and get a new hearing date, which will usually be two weeks from the original date, but may be extended for a longer time period.

The temporary injunction can temporarily prevent the harasser from harassing and contacting you. After a hearing, an injunction from further harassment can be granted if the judge finds that there is clear and convincing evidence that harassment has occurred. This injunction can last for up to three years.

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Hawaii Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass