Understanding the Types of Restraining Orders in Hawaii

Not All Restraining Orders Are the Same

In Hawaii, the law recognizes several types of protective orders depending on the relationship between the parties and the nature of the behavior involved. These include:

• Temporary Restraining Orders (TROs)
  
  
• Orders for Protection (Domestic Abuse)
  
  
• Injunctions Against Harassment (Non-Domestic)
  
  

Each serves a specific purpose and is handled by a different court. Knowing the difference helps you take the right legal steps—whether you’re filing for protection or responding to accusations.

TROs: Emergency Protection When Time Matters

A Temporary Restraining Order, or TRO, is usually the first step in the process. It’s filed when someone feels they are in immediate danger and needs quick court intervention. In most cases, a TRO is granted without notifying the other party, based solely on the petitioner’s written account and supporting documents.

If granted, the TRO typically lasts until the court hearing—about 15 days. At that point, the judge decides whether to extend it into a longer-term order.



TROs apply to both domestic and non-domestic cases and are used to stop behavior like:

• Harassment or stalking
  
  
• Threats or physical abuse
  
  
• Repeated unwanted contact
  
  

TRO hearings happen quickly, so whether you're filing or responding, preparation matters.

Orders for Protection: Domestic Abuse Restraining Orders

If the person causing harm is a family member, current or former romantic partner, or someone you’ve lived with, you may qualify for an Order for Protection under Hawaii’s Domestic Abuse statute.



These orders are more than just paperwork—they can:

• Prohibit all contact
  
  
• Require the abuser to leave a shared home
  
  
• Set child custody or visitation terms
  
  
• Limit access to firearms
  
  

Orders for Protection are filed in Family Court and require the petitioner to show a pattern of abuse, not just one incident. They’re often used in cases involving long-term control, emotional abuse, or physical violence within intimate or familial relationships.

Jason frequently represents both petitioners and respondents in these cases—giving him insight into how both sides approach the courtroom.

Injunctions Against Harassment: For Neighbors & Strangers

Not all threatening behavior comes from people you know well. If you’re being harassed by a neighbor, coworker, acquaintance, or stranger, you’ll likely need an Injunction Against Harassment.



These orders are issued through District Court, not Family Court, and apply when someone shows a pattern of unwanted behavior such as:

• Repeated noise disturbances
  
  
• Threatening gestures or language
  
  
• Following or monitoring someone
  
  
• Physical intimidation or trespassing
  
  

Neighbor disputes in communities like Mililani, Kailua, or Kihei can escalate fast—and sometimes these injunctions are the only way to restore peace. We help clients both pursue and defend against these types of restraining orders.

Which Order Applies to Your Situation?

Here’s a quick breakdown:

Why Choosing the Right Order Matters

Each type of restraining order comes with its own set of procedures, consequences, and legal standards. If you file the wrong type of petition, your request might be delayed—or denied altogether. If you’ve been served, misunderstanding the type of order could lead to accidental violations with serious penalties.



Jason helps clients across Oahu, Maui, and the Big Island choose the right strategy. Whether it’s protecting someone from ongoing abuse or defending someone falsely accused, the goal is the same: a fair, fast resolution.

Get the Right Legal Support from the Start

Don’t guess your way through this process. Whether you’re filing for protection or defending your name, the type of restraining order matters—and so does your legal team.



Reach out today for a confidential consultation.