Temporary Restraining Order Frequently Asked Questions

Have you ever wondered what a temporary restraining order is? Or how to get one? This blog provides a brief description of the process and outcomes in the State of Hawaii.

What is a temporary restraining order?

In Hawaii, a petition for a temporary restraining order (“TRO”) is filed by a Petitioner. The Petitioner is someone seeking relief from harassment or abuse from the Respondent. The Respondent is someone who is alleged to have committed abuse or harassment against the Petitioner. Once the petition for a TRO is filed, a Judge makes a decision based on the contents of the petition on whether to grant the petition or deny it. This decision is based on whether past abuse or harassment has occurred and whether there is a threat of future harm caused by the Respondent. The type of relationship between the Petitioner and Respondent will determine whether the hearing will take place in either District Court or Family Court.

What happens during a TRO hearing?

If the petition is granted by the Judge, the court sets a hearing within 15 days of the Judge’s decision. The petition and notice of the hearing must be served on the Respondent. At this hearing, a Judge will determine whether the TRO should be dismissed or whether the protection of the Petitioner should be extended. This determination is based on the testimony of witnesses and evidence presented at the hearing. If the Petitioner establishes by evidence that abuse or harassment has occurred and further harm is imminent, the Judge orders an Order for Protection (in Family Court) or an Injunction Against Harassment (in District Court). An Order for Protection is appropriate when the parties are family or household members and an Injunction Against Harassment is appropriate when the parties are not family or household members.

How long am I protected?

At the TRO hearing, the Judge may order continued protection of the Petitioner from the Respondent for a specific period of time. This length of time is typically between one and three years for parties that are not family or household members. In cases involving family or household members, the period of time is determined by the Judge based on the age of minors (if the petition is filed on their behalf), circumstances, and severity of abuse of the parties involved.

Can Maui Law LLLC assist me with my TRO?

TRO petitions and hearings are sometimes exceedingly difficult to navigate without an attorney. Attorney Jill L. Uehara has successfully litigated TROs on both Oahu and Maui. Jill understands the stakes are high and circumstances are very emotional. Please reach out to Maui Law LLLC for assistance with your TRO and schedule a free consultation for the professional evaluation of your case.

This blog is for informational purposes only and is not legal advice.