Hawaii Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment

State:
Multi-State
Control #:
US-CMP-10021
Format:
Word; 
Rich Text
Instant download

Description

This form is a Petition for a Temporary Restraining Order and Pertinent Injunction. The form must be filed in order to prohibit any contact between the named parties on a permanent basis. The form must be signed in the presence of a notary public.
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  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment

How to fill out Petition For Temporary Restraining Order And Permanent Injunction For Personal Harassment?

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FAQ

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.

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.

In Hawaii, a temporary restraining order costs $15, but the fee can be waived if exceptional circumstances are evident. The following are the important details you must provide to the court to file a TRO: Documents about the abuse, such as police reports and medical records. Dates of the abuse or threats.

After the TRO is approved, you must provide two copies to the Honolulu Police Department. These should be taken to the nearest police station, preferably in the district where the defendant lives. DO THIS IMMEDIATELY AFTER LEAVING FAMILY COURT. A TRO is not valid until it is served by the police to the defendant.

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.

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.

There is a $25 charge per complaint served plus a $. 40 per mile mileage charge that is paid to the Process Server. You also have the option of having the TRO served by any person who is not party to the case and who is not less than 18 years of age.

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Hawaii Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment