How To Get A Restraining Order In Hawaii

Restraining orders in Hawaii are legal measures taken to secure a person from all forms of harmful behaviors, including sexual and physical abuse, harassment, verbal threats, stalking, property damage, or domestic violence. Restraining orders are orders to 'protect' the right/safety of the abused/petitioner in a case. These orders are generally termed Temporary Restraining Order (TRO) and have extensive potential, dependent on the 'probable cause' for which the order was issued. Application for a TRO is open to all residents and citizens alike. 

A 'ex parte' may be granted by the Judge solely on the abused sworn testimony to prevent imminent harm without prior notice to the respondent. The abused is required to file a petition 'under penalty of perjury', implying the truthfulness of statements/proofs presented while submitting to the legal implication of filing false testimony.

Once a restraining order is granted in Hawaii, it forms an integral part of the Hawaii Civil court records, meaning it is documented in the District case management system alongside other related court matters. 

Types of Restraining Orders In Hawaii

The types of restraining orders issued in Hawaii depend on the relationship of the parties involved. They include:

• Family Court Temporary Restraining Orders (TROs): This is a type of protective order issued by the state's family court against domestic abuse or harassment caused by family members/close relations, cohabitants, children, parents, intimate relationships, had child-in-common, married and divorced individuals. 'Domestic abuse' as defined in the family court includes physical harm, bodily injury, assault, and threat of imminent physical harm.
• District Court Temporary Restraining Orders (TROs): As its name implies, a District Court (TROs), is an injunction issued by the District Court against harassment from acquaintances or an unfamiliar relationship between the petitioner and the respondent. TROs in this regard are considered civil matters and non-intrafamilial cases of the District Court.

Are Restraining Orders Public Records In Hawaii?

Yes. Chapter 92F of the Uniform Information Practices Act (UIPA) is the government policy for disclosure of its proceedings to promote transparency of its operations. Public records are therefore open for inspection unless the law states otherwise.

However, this Act provides exemptions for which this policy may not apply. These include:

• Confidential information that may invade the privacy of the parties involved
• Domestic violence records available in family court cases,
• Medical/health records, 
• Records that may disclose the personal security number of the petitioner
• Social service reports. 
• Records that expose parties in a case to physical harm if disclosed
• Ongoing investigative report related to criminal/civil actions against an individual
• Minor/Juvenile records

The existence of TRO is accessible to the public, but all intimate details that may compromise the safety of the victims or the confidentiality of a petition are withheld from public view.

How To Lookup Restraining Orders In Hawaii

There are various channels through which individuals may look up restraining orders in Hawaii. Individuals may access records via an in-person visit to the courthouse (District/Family) where the order was issued. The Hawaii state's Judiciary also provides public access to court records through its eCourt Kokua service. This online platform offers access to various case information, including cases from District court and  Circuit court where cases on restraining orders are filed. Information displayed on eCourt Kokua is derived from official sources but limited in scope and, as such, does not review all public court records information. Complete/certified court records on restraining orders may be obtained directly from the relevant courthouses. Online search systems are convenient for general inquiries but are no substitute for official legal documentation. 

Can You Lookup A Restraining Order Online?

Yes. Restraining orders may be accessible by requesters via the eCourt Kokua which offers access to both District and Family court information. Sensitive personal information, such as names of minor children, social security numbers, and birth dates submitted on confidential forms are protected by Hawaii Court Rule 9 and as such would not be publicly displayed online even if the case is listed. This reinforces the necessity of obtaining certified records directly from the courthouses or any official/legally consequential lookup, considering the limitations of online portals.

Although online access to civil cases is available via the eCourt Kokua system, details on how/where to look up restraining orders are not provided.

How To File A Restraining Order In Hawaii

Individuals seeking to file a restraining order in Hawaii must petition the appropriate court to secure a Temporary Restraining Order (TRO). If the TRO is granted, the parties involved generally have a case hearing within 15 days, during which the respondent may present reasons for its discontinuity. 

To file a permanent protection order, more comprehensive evidentiary hearing occurs for both parties to present evidence and testimony where it exists. While a TRO relies heavily on the sworn statement of the petitioner and the presence of 'probable cause' of abuse, a permanent order would require the petitioner to give necessary grounds for continuity of the protective order by presenting more rigorous evidences, witness(s) testimony, collaborating documents and high standing legal proof such as a "preponderance of the evidence". The purpose of issuing a permanent order is to curb further acts of abuse and their recurrence, as well as ensure a period of separation. 

The steps are necessary to file a restraining order in Hawaii:

• Interested individuals are to contact the relevant courthouses responsible for filing restraining orders within the state. Filing orders with the District/Family court is dependent on the relationship between the petitioner and the respondent.
• Fill out the petition protection form/injunction against harassment.
• Petitions are reviewed by the Judge who may either grant or deny the TRO request.
• If the Judge grants a TRO, the abuser will be served TRO papers and informed of the scheduled hearing date. Depending on the type of order issued, the petitioner or a law enforcement officer may serve TRO paperwork.
• An Order to Show Cause (OSC) date is scheduled for the parties involved to present strong reasons for/against the protective order, after which the Judge determines the final order.  

Can You File A Restraining Order For No Reason In Hawaii?

No. A restraining order in Hawaii can not be filed for 'no reason' as this process is predicated on the petitioner's testimony of abuse or repeat patterns of harassment, which may include verbal threats, sexual/physical abuse, stalking, or property damage. Victims are mandated to submit petitions under penalty of perjury, affirming the truthfulness of the allegations. In the absence of any perceived harmful behaviors, a request for a TRO may be denied by the Judge.  

What Proof Do You Need For A Restraining Order In Hawaii?

In Hawaii, the primary proof needed for a petitioner to request a restraining order is the detailed sworn testimony of the petitioner. This petition must be written using the provided court forms and submitted with specific facts under penalty of perjury. The court's decision to either grant or deny a TRO significantly depends on the details of the petitioner's testimony of abuse. 

How Long Does It Take To Get a Restraining Order In Hawaii?

It may take approximately two hours for the petitioner to obtain a TRO in Hawaii from the time of application in the District or the Family court.

When a Temporary Protective Order is filed, the scheduled hearing usually occurs within 15 days. During this hearing, the parties involved are given opportunities to present reasons for/against perpetuating the TRO.

How Long Does A Restraining Order Last In Hawaii?

A TRO in Hawaii is valid for 180 days from the date the TRO was issued and filed. The court requires a TRO/injunction hearing to extend a TRO beyond this period. During this hearing, the petitioner must provide proof and convincing evidence, which may include witnesses, medical reports, police reports, or proof of TRO violations by the respondent from the date the TRO papers were served. 

The procedures for a Protective order extension largely depend on the courthouse where the TRO was initially issued. For a district court, an injunction period of up to three years may be requested where there are probable causes for extension, while an 'order for protection' is issued by the family court for any reasonable period within the standard limit. When a TRO involves a minor, the order may be extended beyond the duration of the standard limit until the minor becomes of age, i.e, 18 years old.

How Much Does A Restraining Order Cost In Hawaii?

In Hawaii, a TRO costs $15, which is the required amount to file the petition with the District Court. This fee is not statutory and may be subject to a waiver under exceptional circumstances. Petitions for domestic abuse do not require any fee to initiate the process. The associated fee involved in serving the respondent also applies. 

Can You Cancel A Restraining Order In Hawaii?

Yes. In Hawaii, a restraining order can be canceled by the petitioner through the issuing court by filing a motion and a declaration explaining the reasons for the order's cancellation. The court ascertains the safety of the protected individual from all forms of domestic violence. It may provide conditions such as marital counseling or anger management classes before canceling a restraining order.