Restraining Orders in Domestic Violence Cases – Hawaii Legal Guide
Domestic violence restraining orders in Hawaii can offer urgent protection—or carry serious consequences if you’re served with one. Whether you’re filing for help or fighting to defend yourself, the process is fast-moving and emotional. And in places like Honolulu, Kahului, and Hilo, where community ties run deep, these orders impact more than just legal rights—they can affect your home, your family, and your future.
When Domestic Violence Turns Into a Legal Battle
In Hawaii, domestic violence isn't limited to physical harm. It can also include emotional abuse, threats, stalking, or any behavior that causes fear in a family or intimate relationship. That means spouses, exes, dating partners, roommates, and even some extended family members may be involved.
If a person alleges abuse, they may request a
Temporary Restraining Order (TRO) through
Family Court. A TRO can be granted the same day, and if extended, it becomes a longer-term
Order for Protection—a legally enforceable court order with strict restrictions on the respondent.
Understanding Orders for Protection in Family Court
Unlike harassment injunctions filed in District Court, domestic violence restraining orders are handled in Family Court. Here's what these orders can do:
- Order the respondent to stay away from the petitioner
- Remove the respondent from a shared residence
- Restrict communication or contact
- Establish temporary custody or visitation arrangements
- Require the surrender of firearms
These orders may be temporary or last several years depending on the severity of the situation. In serious cases, violations can lead to arrest and additional criminal charges.
Filing a Restraining Order for Domestic Abuse in Hawaii
If you feel unsafe, filing for protection is a powerful step. Here’s how it typically works:
- Petition – You’ll complete a written application describing what happened and why protection is needed. The form must be filed at the Family Court in your district—whether that’s Honolulu, Maui, or another island.
- Ex Parte TRO – A judge may grant a TRO without notifying the respondent, offering immediate short-term protection. This lasts until the hearing.
- Hearing – Usually held within 15 days. Both parties appear. You’ll have a chance to present evidence like photos, texts, or witness statements. Jason can help you prepare and present your case clearly, with compassion and strategy.
If the judge finds the abuse credible, they can issue a longer Order for Protection that includes ongoing restrictions.
Defending Against a Domestic Violence TRO
Being served with a restraining order can feel shocking, especially if you believe the claims are exaggerated or false. But these cases are common—and defensible.
Jason defends people in Honolulu and across Hawaii who’ve been accused of domestic abuse and served with TROs. He helps clients:
- Review and challenge the petitioner’s claims
- Collect counter-evidence (texts, police reports, witness testimony)
- Present a clear, respectful defense in court
- Protect parenting rights, housing access, and firearm privileges
False or inflated accusations sometimes arise in heated breakups or custody battles. Having an experienced attorney means the judge hears both sides fairly.
When Criminal Charges Overlap With TROs
In some domestic violence cases, a restraining order is just the start. You may also face criminal charges for assault, harassment, or violating the TRO. These cases require a different legal strategy—and fast action.
Jason handles both protective order hearings and criminal defense. That means he understands how one process affects the other and can coordinate your defense to protect your rights on all fronts.
What If You Share a Home, Children, or Pets?
Many domestic violence restraining orders involve shared lives. What happens to your home? Can you see your kids? Will you lose access to your belongings?
Jason works to ensure that protective orders—if granted—are fair and consider practical realities. And if you're falsely accused, he’ll fight to preserve your access and clear your name.
How We Help—Whether You're Filing or Defending
What sets Jason apart is his experience on both sides. He represents petitioners seeking protection and respondents defending themselves. That means he can anticipate the other side’s arguments, recognize patterns judges look for, and tailor a strategy to your exact situation.
He’s resolved hundreds of restraining order cases throughout Oahu, Maui, and the Big Island—many involving complex domestic relationships and high-stakes outcomes.
Call for Legal Help in Domestic Violence Restraining Orders
If you need protection—or need to protect yourself—a domestic violence TRO is not something to face alone.
Call now or contact us online to get confidential legal support. We’ll listen, advise, and stand by you every step of the way.