Hawaii Sample Letter requesting Protective Order for Documents
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How to fill out Sample Letter Requesting Protective Order For Documents?
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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.
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.
Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued.
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.
A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary (usually up to 3 years).
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.
As a result of the court proceeding, the court will issue ?Letters Testamentary? or ?Letters of Administration? (if no will). These ?Letters? allow the personal representative to find, secure and manage assets during the probate process.
TRO/Injunction Hearing During this hearing, you need to present the court with information about continued abuse and threats. Based on your testimony and documentation, the judge decides whether to extend your protection beyond 90 days. The judge can issue an injunction for up to three years.
