How to Drop or Dismiss a Restraining Order in Hawaii
Not every restraining order needs to remain in place forever. Life changes—so do relationships, safety concerns, or misunderstandings that led to filing a TRO in the first place. Whether you’re the
person who filed the order and want to cancel it, or the
person it was filed against and believe it should never have been granted, this guide explains how to legally drop or dismiss a restraining order in Hawaii—and what it takes to make that happen.
Petitioners: Want to Cancel a TRO You Filed?
If you’re the one who requested the temporary restraining order, you can ask the court to withdraw it. People seek to dismiss their own orders for many reasons: they feel safe again, the situation changed, or they want to attempt reconciliation.
In Hawaii, only a judge can formally dismiss or cancel a TRO, even if you’re the petitioner. This means filing a motion (request) to withdraw the order and appearing in court. Until that happens, the TRO remains active and enforceable—even if you’ve resumed contact with the other person.
Important: Contacting the respondent or inviting them back into your life while the order is still active can have serious consequences for them—even if you're initiating the contact.
An attorney can walk you through the withdrawal process, help you file correctly in the right court (Family Court or District Court), and ensure the order is properly dismissed without causing legal confusion for either party.
Respondents: Can You Get a TRO Dismissed?
If you were served with a restraining order and believe it was unjustified, exaggerated, or based on false information, you have the right to fight it. Dismissal usually happens in one of three ways:
- At the court hearing: You present your case, and the judge decides not to issue a long-term protective order.
- Before the hearing: The petitioner may choose to withdraw the complaint (see above).
- By motion later: In rare cases, long-term orders can be modified or dissolved later—but this takes a formal legal process.
Your best chance at dismissal happens at the hearing. This is where your defense matters: gathering proof, preparing witnesses, and having an attorney challenge the claims made against you. If the court finds that the TRO lacks evidence or justification, it can be denied or dismissed on the spot.
What If Both Parties Want the TRO Gone?
It’s not uncommon in family or neighbor disputes for both people to want to move on. Maybe emotions ran high when the petition was filed. Maybe a misunderstanding got out of hand. If both the petitioner and respondent agree to drop the restraining order, that can make the process easier—but it still requires a court’s approval.
In Honolulu and across Hawaii, judges won’t dismiss a restraining order just because both parties want to. They will still evaluate whether dismissal puts anyone at risk. A legal professional can help make the case for dismissal with supporting context and documentation.
How Long Does It Take to Dismiss a TRO in Hawaii?
If you act quickly, dismissal can sometimes happen the same day—especially for petitioners requesting withdrawal before a hearing. In other cases, especially for contested orders or long-term protective orders, the process may take longer.
Having an attorney handle the filing and court scheduling can speed things up and avoid unnecessary delays. In our experience serving communities across Oahu, Maui, and the Big Island, proactive communication with the court helps resolve these matters as smoothly as possible.
Can a Dismissed TRO Still Show Up on Your Record?
Yes. Even if a restraining order is dismissed or denied, there may still be a court record showing that one was filed. This doesn’t mean you were found guilty of anything—it’s a civil matter, not criminal—but it may still appear in background checks or public records searches.
If clearing your name is a priority, an attorney can guide you through any record-correction steps that might be available, or help explain the result to employers, agencies, or licensing boards if needed.
Why It Matters to Get It Right
Whether you’re trying to walk away from legal action or clear your name, navigating Hawaii’s restraining order process correctly is critical. Dismissing a TRO the wrong way—or taking action before it's dismissed—can lead to complications or even criminal charges.
We help people on both sides of these situations. If you filed a restraining order and now want it dismissed, or if you’re fighting to clear your record from a false or unfair TRO, we’re here to help you resolve the issue legally, quickly, and professionally.
Call Now to Discuss Your Options
Time matters. Whether you’re the filer or the respondent, getting legal advice early can prevent mistakes and bring resolution. Our firm helps clients throughout Honolulu, Maui, and all islands navigate restraining order issues with discretion and clarity.
Reach out today to speak directly with an attorney.