TEMPORARY RESTRAINING
ORDERS (TROs)

There are different types of restraining orders in Hawaii -- for individuals, the primary types are those given at Family Court and District Court.  In both types, they are issued to prevent harassment and/or abuse between two or more persons.

FAMILY COURT -- these types of restraining orders are issued for parties who are or were connected in one of the following relationship categories:

               -- spouses
               -- former spouses
               -- parents of a child together (but never married to each other)
               -- cohabitants (example -- boyfriend/girlfriend living together)
               -- former cohabitants
               -- parents/children
               -- siblings
               -- present or former "dating relationship"

Persons in these relationships can apply for a restraining order due to physical abuse, emotional abuse, and/or malicious property damage committed against them by the other party.

DISTRICT COURT -- these types of restraining orders are issued for parties who do not fall into the Family Court relationship categories.  A typical example of persons who would come under the District Court restraining orders are neighbors, co-workers, or schoolmates.

FAMILY COURT RESTRAINING ORDERS

On the day of the Court hearing, there are a number of other TRO cases, often ten to fifteen, scheduled for the same time as your hearing. This is standard. Unfortunately, this often means that there is little hearing time available for each case, usually no more than twenty to thirty minutes at most. At Family Court, petitioners (the people who are seeking the TROs) are seated in a separate area from respondents or defendants (the people who had the TRO filed against them). At District Court, petitioners and respondents/ defendants are not separated.

During the hearing, both sides are allowed to put on evidence as to why or why not the TRO should be extended. Evidence includes testimony of both sides, as well as of witnesses either side might call. At the close of the hearing, the judge will issue a decision, granting or denying the extension.

Getting a temporary restraining order requires a petition to be filed at the Family Court.  If the facts claimed in your TRO request convinces a judge that protection is needed, a temporary restraining order shall be granted that same day for a brief period, awaiting a full hearing (the temporary period is  90 days for Family Court).  Once the temporary order is granted, the opposing party must be served by the police.  A hearing is typically set one to two weeks after the initial filing -- at that hearing, both sides will have the opportunity to argue why the TRO should or should not be extended for a longer period of time.

Parties can appear at the hearings represented or not represented by attorneys.  In cases where the person seeking the restraining order is especially fearful of the other person, an attorney can be of great value in putting together a convincing and effective argument for the Court.

WHAT CAN DLM
DO FOR ME?

We can provide experienced and
determined representation for you in
your TRO matter. Gavin and Stacy
both previously worked with the
AmeriCorps Domestic Violence
program, and have argued many
hundreds of Family Court TROs.