Understanding Temporary Restraining Orders (TROs) in Hawai’i: Protection

Abstract

Temporary Restraining Orders (TROs) serve as crucial legal instruments designed to provide immediate protection to individuals facing threats or harassment. These orders are pivotal in safeguarding victims of domestic violence, harassment, stalking, or other imminent harm.

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What is a Temporary Restraining Order (TRO)?

A Temporary Restraining Order is a legal injunction issued by the court to prevent one person (the Respondent) from engaging in specific behaviors against another person (the Petitioner). These behaviors could include physical violence, threats, harassment, stalking, or other forms of intimidation. TROs are temporary measures designed to provide immediate relief to the Petitioner until a full hearing can be scheduled.

In Hawai’i, navigating the Temporary Restraining Order (TRO) process can be straightforward if you understand one critical detail: The decision to grant or deny a TRO or Order for Protection hinges on the allegations stated within the Petition for an Order for Protection itself.

What does this mean practically? If your petition only mentions verbal abuse without detailing physical altercations that followed, the court may not grant the TRO. Subsequently, if you try to describe incidents like being punched or kicked during the court hearing, the judge may prevent this testimony if it wasn’t included in the initial petition.

Understanding this rule is crucial because it underscores the importance of accurately documenting all relevant incidents of abuse or harassment in your initial TRO petition. This ensures that your case is presented comprehensively from the outset, increasing the likelihood of obtaining the protection you seek under the law.

Even though it is difficult to relive the experiences of abuse and outline them to a third party, provide as much detail as possible including but not limited to:

Dates of abuse or threats.
Description of actions and words as you remember them, including what led up to the occurrences.
Any documentation showing what happened including but not limited to medical and police reports.
Information about property damage.
Information about whether the abuser owns a gun and/or has threatened you with one.

General Process of Obtaining a TRO

From the Hawai’i State Judiciary website: “Any person, regardless of his or her immigration or citizenship status, has a right to live in a safe environment, free from the threat of harm from a family member or an acquaintance. If someone you know is engaging in a pattern of harassment or abuse (including physical abuse or sexual abuse, verbal threats, property damage or stalking), you can seek protection by filing a petition and obtaining a temporary restraining order (TRO) against the perpetrator.”

Hawai’i State Judiciary – Protective Orders

Filing a Petition: The Petitioner (the person seeking protection) files a petition with the court, describing the incidents of abuse or harassment in detail.
Temporary Order: Upon reviewing the petition, a judge may grant a Temporary Restraining Order without the Respondent present if there is sufficient evidence of imminent harm or danger.
Service of Order: Law enforcement officers serve the TRO to the Respondent, informing them of the restrictions placed upon them.
Initial Hearing: A hearing is scheduled where both parties are asked if they agree to the Order for Protection. If the Respondent contests, the judge will set the matter for an evidentiary hearing,
Evidentiary Hearing: An evidentiary hearing is scheduled where both parties present their case. The judge decides, after hearing the evidence, whether to issue a permanent protective order, or dismiss the petition, or order some other form of relief.

Conclusion

Temporary Restraining Orders in Hawaii are vital legal tools that provide immediate protection to individuals facing threats or harassment. If you or someone you know is in immediate danger, contact local law enforcement or seek legal advice promptly to initiate the process of obtaining a Temporary Restraining Order.