A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Hawaii Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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You can apply for an injunction against harassment by going to one of the following locations: O'ahu ?Honolulu District Court, Regular Claims Division, located at 1111 Alakea Street, third floor, (808) 538-5151. Maui ? Service Center, located at 2145 Main Street, room 141A, (808) 244-2706.
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.
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.
If you want to extend the TRO, an Order to Show Cause (OSC) hearing is required. The date and time of your OSC hearing appears on your TRO. During this hearing, the judge decides whether to extend the TRO beyond 180 days. The judge can issue a protective order for a time period as he or she deems reasonable.
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.
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.
Restraining Orders Step 1: Call the appropriate office for assistance in filling out your petition/getting a TRO. Step 2: Go to your appointment and fill out your petition with an advocate. Step 3: Bring your petition to family court. Step 4: Pick up your copies of the TRO. Step 5: Police will serve the abuser.