Hawaii Protection Orders

Protection orders in Hawaii are legal instruments designed to help individuals stay safe from abuse, harassment, or threats. Understanding the types of orders, how to file, and regional differences can help survivors navigate this important process with clarity and confidence.

Types of Protection Orders

Hawaii provides several types of protection orders to address various situations:

• Restraining Order: Generally for cases involving family or household members to prevent abuse or threats.
• Harassment Prevention Order: For those who experience threats or harassment that do not involve family members.
• Sexual Assault/Family Abuse Protective Order: Specifically for survivors of sexual assault or family abuse to maintain safety and provide legal protections.

Filing Guidance

To begin the process, you may file a petition for a protection order at the Family Court or District Court in your county. Applications can usually be completed with assistance from victim support advocates or court personnel. It is important to provide detailed information about the abuse or threats and any evidence available.

Filing is generally free of charge for survivors. You can also request forms and guidance at local legal aid offices or through dv.support for comprehensive resources and support.

Temporary vs. Final Hearings

After filing, a judge may issue a temporary protection order immediately to provide urgent safety measures. This temporary order typically lasts until the final hearing, where both parties can present evidence and testimony.

The final hearing determines whether the protection order will be extended for a longer period, often up to one year or more, depending on circumstances. It’s important to attend the hearing and have any relevant documentation or witnesses prepared.

Service of Process

Once a protection order is granted, the respondent must be formally served with the order to ensure they are legally notified. This service can be done by law enforcement officers or other authorized individuals. Proof of service must be filed with the court to finalize the order's enforcement.

Island and County Differences

Hawaii consists of several counties including Honolulu, Maui, Hawaii (Big Island), and Kauai. While protection orders are enforced statewide, procedural nuances and resource availability may vary by county. For example, some neighbor island courts might have different office hours or staff availability, and local law enforcement cooperation can differ.

For county-specific forms, instructions, and support services, contact your local family court or visit official county websites. Connecting with community organizations on your island can provide additional guidance and advocacy.