A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. A restraining order may be issued in a divorce matter to prevent taking a child out of the county or to prohibit one of the parties from selling marital property. Also, a person who is a victim of harassment may seek a restraining order from the court. The restraining order can prohibit the harassment.
Hawaii Motion for Temporary Restraining Order to Restrain and Enjoin Harassment of Employee
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How to fill out Motion For Temporary Restraining Order To Restrain And Enjoin Harassment Of Employee?
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An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
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.
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). You must go to the hearing.
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.
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.