Step 6: The order to show cause (OSC) hearing
Within 15 days of being granted your TRO, an order to show cause (OSC) hearing date will be scheduled. The date and time of your OSC hearing appears on your TRO. A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary.1
You must attend the hearing or your petition will be dismissed. However, you can request to attend the hearing remotely instead of in person if you choose. The judge must allow remote attendance if your petition includes at least one allegation of domestic abuse as defined by law. If your petition does not include at least one allegation of domestic abuse, the judge has the option to allow remote attendance or not, after considering factors such as any lack of transportation, child care, and paid time off, as well as your fear of the respondent.2
If the abuser has received notice of the hearing, but does not show up, the judge will generally continue with the hearing. If the abuser has not received notice of the hearing, the judge may order a new hearing date and extend your temporary restraining order.
You have the right to bring a lawyer to represent you at the hearing. If you need more time to get a lawyer, especially if, for example, you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a “continuance” so you have more time to get a lawyer. An advocate may be available to assist you at your OSC hearing if you can’t get a lawyer.
You can learn more about the court system in our Preparing for Court – By Yourself section. In our At the Hearing section, we include ways that you can show the judge that you were abused.
1 HRS § 586-5.5(a)
2 HRS § 586-5(b)