Temporary Restraining Order Lawyer Serving Maui

If you are experiencing domestic abuse or harassment, working with an experienced restraining order lawyer can make a significant difference in your safety, legal outcome, and peace of mind. Temporary restraining orders, or TROs, are court orders that provide protection from abuse and threats. Navigating TRO petitions and hearings without legal representation can be challenging. Lawyer Jill Uehara, owner of Maui Law LLLC, helps clients with this process in both family and district courts across the State of Hawaiʻi. Jill also represents respondents in temporary restraining order proceedings.

Jill’s client-centered approach is tailored to addressing her clients’ concerns and supporting their needs. Having lived on Maui for most of her life, Jill knows and understands the local culture, community, and legal system. Her perspective, insight, and extensive litigation experience are great strengths in representing her clients as a restraining order lawyer.

TRO Petitions and Hearings in Hawaiʻi - Legal Help from a Restraining Order Lawyer

The State of Hawaiʻi has two types of temporary restraining orders, one for domestic abuse and one for harassment. The relationship between the parties determines the type. In both cases, the TRO protects the petitioner from the respondent until the court rules on a final order.

Protection From Domestic Abuse

A petitioner may file a TRO petition in family court against a family or household member who has committed acts of domestic abuse against the petitioner or their minor child. A child over the age of 16 years may file on their own. A TRO for domestic abuse lasts up to 180 days or until the family court judge holds a hearing on a final order for protection, which usually occurs within 15 days.

For purposes of filing a TRO in family court, a family or household member is defined as:

• A current or former spouse or reciprocal beneficiary, parent, child, or person related to the petitioner by blood or marriage
• A person with whom the petitioner has a child in common
• A person with whom the petitioner lives or lived, with some exceptions
• A person who the petitioner is dating or formerly dated

Domestic abuse has a specific meaning in the context of a TRO petition. The law defines it as one or more of the following:

• Coercive control, defined as a pattern of threatening, humiliating, or intimidating actions
• Physical harm, bodily injury, or assault
• Threat of imminent physical harm
• Extreme psychological abuse
• Malicious property damage
• Certain sexual offenses committed by an adult against a child

After the TRO petition is filed, the court holds a hearing to determine whether the abuser proved that the TRO should be discontinued and whether an order of protection for a longer period of time is necessary to prevent the domestic abuse from happening or re-occurring. The parties present evidence at the hearing for the judge’s consideration in ruling on the final order. The court may issue a final order for protection from domestic abuse for any reasonable period of time based on the circumstances.

Representation by an experienced restraining order lawyer in filing the petition and in presenting evidence at the hearing significantly improves the chances of receiving favorable action by the court. Restraining order lawyer Jill Uehara has substantial experience litigating TROs and has helped many clients secure protection from the courts.

Protection From Harassment

When the respondent is not a family or household member, the district court oversees the TRO petition. Examples of people in this category include co-workers, neighbors, and schoolmates.

In this context, harassment is defined as physical harm, bodily injury, assault, or the threat of immediate harm. It can also be a pattern of behavior that is alarming, serves no legitimate purpose, and causes the recipient to reasonably suffer emotional distress. An experienced restraining order lawyer can help demonstrate that the behavior qualifies as harassment under Hawaiʻi law.

The district court issues a temporary restraining order for harassment lasting for up to 90 days, with a hearing usually taking place within 15 days after the TRO is granted. After a hearing, the judge can issue an injunction against further harassment that lasts for up to three years.

Filing a TRO petition for harassment and presenting evidence of harassment at the court hearing can be challenging to navigate if you do not have a lawyer representing you. Restraining order lawyer Jill Uehara has successfully litigated TRO cases across the state.

Filing a TRO can be a complex and emotionally difficult process. Having a knowledgeable and compassionate restraining order lawyer on your side ensures that your petition is correctly filed, your evidence is properly presented, and your legal rights are protected. Jill Uehara’s extensive experience can help bring you the peace of mind you need during this difficult time. Jill also represents respondents in restraining order proceedings in the state.