In Hawai‘i, coercive control is defined as a pattern of threatening, humiliating, or intimidating actions intended to harm, punish, or frighten you. It includes a pattern of behavior that tries to:

• make you dependent on the abuser;
• control your everyday behavior;
• isolate you from support;
• take away your independence, liberty, or freedom; or
• take away your sense of self, including your bodily integrity and your human rights.¹

Here are some examples of coercive actions:

• assault;
• isolating you from friends and family;
• controlling how much money you can have and how you spend it;
• monitoring your activities, communications, and movements;
• calling you names and putting you down on a regular basis;
• threatening to harm or kill you, your child, or your relatives;
• threatening to publish information or make reports to the police or the authorities;
• damaging property or household goods; or
• forcing you to take part in criminal activity or child abuse.¹

¹ Haw. Rev. Stat. § 586-1

Hawai‘i law includes reciprocal beneficiaries when defining family or household members. A reciprocal beneficiary is someone who:

• you are legally prohibited from marrying; and
• you have significant personal, emotional, and economic relationships with.¹ 

To see all the requirements you have to meet to become reciprocal beneficiaries, go to our Selected Hawai‘i Statutes page.

¹ Haw. Rev. Stat. § 572C-3; see also § 572C-2

You can file for a domestic abuse protective order in the family court in the circuit where:

• you live, or where you are temporarily located;
• the abuser lives;
• the domestic abuse occurred; or
• the minor or “incapacitated person” you’re filing for lives, or is temporarily located.¹ 

An “incapacitated person” is someone over the age of 18 who cannot care for his/her own physical health, safety, or self-care needs - even with technological assistance.²

Go to our Hawai‘i Courthouse Locations page for addresses and phone numbers of the courthouses. If you need legal assistance, you may want to contact an attorney. Please see our Hawai‘i Finding a Lawyer page for more information.

¹ Haw. Rev. Stat. § 586-2
² Haw. Rev. Stat. § 560:5-102

In a temporary restraining order (TRO), a judge can:

• order the abuser not to:
  
  • contact, threaten or physically abuse you or any person living with you;
  • enter or visit your home;
  • take, hide, get rid of, threaten, or physically abuse any animal belonging to the household; (Note: You can be ordered to follow these restrictions regarding the animal as well);¹ or
  • possess or control guns or ammunition and to turn over all guns, ammunition, and related licenses and permits to law enforcement;²
• order you, or the abuser, or both of you to leave the residence while the order is in effect;³
• offer the abuser a law enforcement escort to retrieve his/her personal property from the home if s/he is excluded from the property;⁴ and
• other protections depending on the circumstances of your case and your court district. Please contact the courthouse or a domestic violence advocate for local information.

In a final domestic abuse protective order, a judge can:

1. order all of the protections listed above; 
2. order the following additional protections:
   • establish temporary visitation and custody for your minor children, which might include supervised visitation or no visitation;
   • instruct either or both parties to take part in domestic violence intervention services;
   • grant other reasonable requests that the judge believes are necessary for you to be free from the violence;
   • leave the order in effect for a reasonable amount of time after a minor protected by the order turns 18;⁵ and
3. order your wireless phone provider to:
   • transfer a shared cell phone account that you share with the abuser into your name alone; or
   • remove or release you from a shared wireless plan, and assign you a substitute telephone number or numbers. Either must be done without charge, penalty, or fee.⁶ You can read more about this law on our Selected Hawai‘i Statutes page.
   • Note: A victim of domestic violence can also request this directly from the wireless service provider even without having a protective order.⁷ You can read the requirements in the law on our Selected Hawai‘i Statutes page.

¹ Haw. Rev. Stat. § 586-4(a),(c); see proposed temporary restraining order (for example, in the First Circuit)
² Haw. Rev. Stat. § 134-7(f)
³ Haw. Rev. Stat. § 586-4(c)
⁴ See, for example, Temporary Restraining Order, Second Circuit and Temporary Restraining Order, Fifth Circuit
⁵ Haw. Rev. Stat. § 586-5.5(a); see also petition for an order for protection (for example, in the First Circuit)
⁶ Haw. Rev. Stat. § 586-5.8(a)
⁷ Haw. Rev. Stat. § 269-16.93(a)

In Hawai‘i, you may apply for domestic abuse protective order against a current or former same-sex partner as long as your relationship meets the requirements listed in Who can file for a domestic abuse protective order? You must also be the victim of an act of domestic abuse, which is explained in: What is the legal definition of domestic abuse in Hawai‘i?

There is no fee to file for, get, or serve a domestic abuse protective order.¹

You do not need a lawyer to file for a domestic abuse protective order. However, it can help to have one at your hearing to make sure that your rights are protected. This is especially true if the abuser has a lawyer. If you can’t afford a lawyer but you’d like one to help you with your case, you can find information on legal assistance on our Hawai‘i Finding a Lawyer page. In addition, the domestic violence organizations in your area may be able to answer some of your questions or help you fill out the necessary court forms.² The court staff might be able to help too. You will find contact information for courthouses on the Hawai‘i Courthouse Locations page.

If you’re going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ Haw. Rev. Stat. § 607-2.5
² Haw. Rev. Stat. § 586-3(d)

As soon as possible after the abuse occurs, you may want to call the local office or branch of the family court. They may schedule an appointment for a court officer to help you fill out your petition for a domestic abuse protective order and ask for a TRO. Be prepared to provide details about the abuse, including physical and psychological abuse, verbal threats, and property damage.

You can reach them at the following numbers:
• O‘ahu - Family court temporary restraining order office - (808) 538-5959
• Hawai‘i - Alternatives to violence branch of child and family services - (808) 969-7798
• Kaua‘i - Family court office - (808) 482-2330
• Maui - Law library/Service center/Jury pool office - (808) 244-2706

Note: Some of the steps that follow this one may vary depending on what circuit you are in. You may want to contact the appropriate office listed above to make sure that you are taking the right steps.

When you bring your petition to court, a judge will look over your request and decide whether or not to grant you a temporary restraining order (TRO). The judge may make his/her decision based on your application only. The abuser does not need to be present for you to get a TRO.

Note: You might not find out right away whether the judge is going grant your TRO. The clerk may instruct you to call back later in the day to find out the status of your petition. If you file early in the morning, you may be more likely to hear back later that afternoon. If you file later in the day, you might not hear back until the next day.

The abuser must be “served,” or given a copy of the petition along with papers that tell him/her about the temporary restraining order (TRO) and the date of the order to show cause hearing. You will need to provide an address where the abuser can be found.

In some circuits, you may have to take two copies of the TRO to the police station in the area where the abuser is most likely to be found. In others, the court will ensure that the abuser is served. You may want to talk to the clerk before you leave the courthouse to make sure you know what the rule is in your circuit. You cannot serve the abuser yourself; only a person who is not involved in the case can serve the papers.¹

Your TRO is not enforceable until the abuser is served.² Once the police serve the order, they are supposed to take all firearms and ammunition from the abuser. You can read more about this in Can the abuser have a gun? You can call the law enforcement agency that’s serving your paperwork to make sure that the abuser has been served and that your TRO is in effect.

¹ Haw. R. Civ. P. 4(c)
² See Hawai‘i Judiciary website

Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.

• Review your order carefully before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
• Make several copies of the protective order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your workplace, at your home, at your children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• If you have a security guard or front desk person where you live or work, give them a copy of the order and a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• You may want to consider changing your locks (if permitted by law) and your phone number.
• If you are concerned about your safety when leaving the courthouse, you may want to notify a court officer to see if s/he may walk you to your car.

You may also want to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it’s important to build on the things you have already been doing to keep yourself safe. You can look at our Safety Planning page for suggestions.

You can call the police to report a violation, even if you think it is minor. Intentionally violating a domestic abuse protective order can be a crime. 

In Hawai‘i, someone convicted for violating a temporary order (TRO) must:

• Serve a mandatory minimum jail sentence of 5 to 30 days. The specific sentence will depend on whether or not:
  
  • this is the first violation;
  • the abuser has been convicted of certain felonies in the past; and
  • any of the felonies were committed against a family or household member;
• Pay a fine of $300 to $1000 unless the judge finds that s/he won’t be able to pay;
• Complete an assessment through a local domestic violence program; and
• Complete a domestic violence intervention or anger management course.¹ 

Someone convicted of violating a final order must:

• Serve a mandatory minimum jail sentence of 5 to 45 days. The specific sentence will depend on whether or not:
  • this is the first violation; and
  • there were any violations of the TRO issued in the same case;
• Pay a fine of $300 to $1000 unless the judge finds that s/he won’t be able to pay;
• Complete an assessment through a local domestic violence program; and
• Complete a domestic violence intervention or anger management course.²

When you call the police, they will generally send an officer out to make a report. Show the police your TRO or domestic abuse protective order. Save any available evidence you have of the violation.

Hopefully, the police will make a report even if the abuser is not arrested. It’s usually a good idea to write down the responding officer’s name and badge number so you can follow up on your case if needed.

¹ Haw. Rev. Stat. § 586-4(e)
² Haw. Rev. Stat. § 586-11(a)

If you move within Hawai‘i, your order will still be valid. It may be a good idea to contact your local law enforcement to let them know about the domestic abuse protective order and that you have moved to a new area. You may also want to call the court where you originally received the order to tell them your new address so that they can contact you if necessary. However, if you want your new address to be kept confidential, ask the clerk how to make sure that the abuser cannot find it in the court file.

If you move to another state or territory within the United States, federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protection order, it’s enforceable throughout the U.S., including U.S. Territories and tribal lands.¹

Different states may have different regulations when enforcing out-of-state protection orders. You may find out about your new state’s policies by visiting our Legal Information page and choosing your new state from the map. You can also try contacting a domestic violence program, the clerk of courts, or an attorney. For information on lawyers or domestic violence programs in the area, please see our Places that Help page and select the new state you’re moving to.

You can also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order between states.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. §§ 2265(a); 2266

To get an injunction against harassment from the district court, you must be a victim of one of the behaviors that qualify as harassment under the law. In Hawai‘i, “harassment” is defined as any of the following things:

1. physical harm, bodily injury, or assault;
2. the threat of physical harm, bodily injury, or assault happening in the near future; or
3. a pattern of behavior that does all of the following things:
   1. seriously and continuously alarms you;
   2. serves no legitimate purpose; and
   3. causes you to reasonably suffer emotional distress.¹

¹ Haw. Rev. Stat. § 604-10.5(a)

There are two kinds of injunctions against harassment: a temporary restraining order or an injunction from further harassment.¹

A temporary restraining order (TRO) can last for up to 90 days from the date it is granted. A hearing will take place within 15 days after the TRO is granted. If the harasser has not been properly notified before the date of the hearing, the court may set a new date for the hearing. The new hearing date must happen within the original 90-day time frame.² 

If the judge finds that there is substantial evidence that harassment has occurred after the TRO/Injunction hearing, s/he can order an injunction against further harassment. This injunction can last for up to three years.²

¹ See Haw. Rev. Stat. § 604-10.5(c)
² Haw. Rev. Stat. § 604-10.5(g)

An injunction against harassment can prevent the respondent from:

• assaulting you or causing you physical harm/bodily injury;
• threatening to cause physical harm, bodily injury, or assault, which you believe is likely to happen; or
• causing you emotional distress by intentionally doing something to you that alarms or continuously bothers you, without a good reason.¹

This could mean that the respondent might be ordered not to do some or all of the following things:

• contacting or threatening you or anyone living in your home;
• calling you;
• entering or visiting your home, including the yard or garage; or
• entering or visiting your place of employment.²

¹ Haw. Rev. Stat. § 604-10.5(f), (g)
² See, for example, the Order Granting Petition for Injunction Against Harassment, First Circuit Division

Anyone who has been the victim of any of the acts that Hawai‘i defines as harassment can file for an injunction.¹ However, you cannot file for an injunction against harassment if the harasser is a family or household member. In that case, you would need to apply for a domestic abuse protective order from the family court.² Please see our Domestic Abuse Protective Orders page for more information.

Note: The definition of family or household member includes a person you live with or used to live with. However, it does not include adults who lived together: 

• as roommates; or
• only for economic reasons or due to a lease.³

Therefore, you may be able to file for an injunction against harassment against a roommate or cohabitant.

¹ Haw. Rev. Stat. § 604-10.5(d)
² See Hawai‘i State Judiciary website
³ Haw. Rev. Stat. § 586-1

There is a $15.00 filing fee to start a case for an injunction against harassment and ask for a temporary restraining order (TRO). The fee can be waived in exceptional circumstances.¹ If you can’t afford the fee, ask the clerk for more information.

You don’t need a lawyer to file for an injunction against harassment. However, it might help to have one at your hearing to make sure your rights are protected, especially if the respondent has a lawyer.

If you cannot afford a lawyer, you can find information on applying for legal assistance on our Hawai‘i Finding a Lawyer page. If you’re going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ See Hawai‘i State Judiciary website

A petition for an injunction against harassment must be in writing. It has to state that either:

• a past act of harassment has happened; or
• threats of harassment are so strong that it’s likely that an act of harassment will happen in the near future.¹

You can apply for an injunction against harassment by going to one of the following locations:

• O’ahu –Honolulu District Court, Regular Claims Division, located at 1111 Alakea Street, third floor, (808) 538-5151
• Maui – Service Center, located at 2145 Main Street, room 141A, (808) 244-2706
• Hawai‘i – Administration and Services Section, 777 Kilauea Avenue, Hilo, (808) 961-7430
• Kaua’i– Civil Division, located at 3970 Kaana Street, Room A-105, Window 3, (808) 482-2303

There is a $15 filing fee that can be waived in exceptional circumstances.²

It may be useful to bring identifying information about the harasser, such as:

• his/her home and work addresses; 
• a description and plate number of the harasser’s car;
• the name of a parent or guardian, if s/he is 17 or younger; and
• if the harasser has threatened you with a gun, information about his/her gun ownership.

¹ Haw. Rev. Stat. § 604-10.5(d)
² Hawai‘i State Judiciary website

After you complete the necessary forms, a judge will look at your petition. S/he may ask you questions or make a decision based on your petition only. The harasser does not need to be present. If the judge believes your allegations meet Hawai‘i’s definition of harassment, s/he will grant you an immediate TRO. This TRO can last up to 90 days or until your full court hearing.¹

If a TRO is granted:

A hearing will be scheduled within 15 days. If the harasser has not been properly notified before the date of the hearing, the court may set a new date for the hearing. The new date can’t be more than 90 days from the date the TRO was initially granted.¹

The court clerk will give you certified copies of the order. Ask the clerk to “conform” all copies by stamping the judge’s signature and date on all orders.² Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, you can ask the clerk how you can correct the order before you leave. Be sure to keep it with you at all times. You may want to keep copies in your car, at your workplace, or at your child’s daycare, for example.

¹ Haw. Rev. Stat. § 604-10.5(g)
² See Hawai‘i State Judiciary website

If you want your protection to last longer than 90 days, you must participate in a hearing. At the hearing, a judge will listen to all of the evidence you and the harasser present. S/he will decide whether or not to extend your TRO by giving you a final injunction against harassment, which can last for up to three years.

Although you aren’t required to hire a lawyer, you have the right to bring one to represent you at the hearing. If you show up to court and the harasser has a lawyer and you do not, you may want to consider asking the judge for a “continuance.” That’s a request to set a later court date so you can have time to find a lawyer for yourself.

If you’re going to represent yourself, see the At the Hearing section under the Preparing for Court tab at the top of this page for ways you can show the judge that you were harassed.

¹ Haw. Rev. Stat. § 604-10.5(g)

There are some things you may want to consider doing after you have been granted an injunction against harassment. Depending on what you think is safest in your situation, you may decide to do any or all of the following:

• Review the injunction before you leave the courthouse. If you have any questions, you can ask the clerk or see if you can ask the judge.
• Make several copies of the injunction as soon as possible. Keep a copy with you at all times.
• Leave copies of the injunction at your workplace, at your home, at your children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• If you have a security guard or front desk person where you live or work, give them a copy of the injunction and a photo of the harasser.
• Give a copy of the injunction to anyone who is named in and protected by it. Encourage them to make their own copies.
• You may wish to consider changing your locks (if permitted by law) and your phone number.
• If the clerk is forwarding the order to law enforcement for service, you may want to call law enforcement to make sure they have received copies of your injunction from the clerk and to ask for updates on when it is being served. 
• If you are concerned about your safety when leaving the courthouse, you may want to notify a court officer and ask if s/he would walk you to your car.
• Do not contact the respondent for any reason. If the respondent violates your injunction in the future, police and judges may take your report less seriously if you have been in touch with him/her.

You may also want to make a safety plan. People can do a number of things to increase their safety from harassment. Many harassers obey injunctions, but some do not. So, it’s important to build on the things you have already been doing to keep yourself safe. You can look at our Safety Tips for Stalking Victims page for suggestions.

To enforce an injunction against harassment, you would have to report the violation to the police or the court. If the harasser violates the injunction on purpose, that may be a crime and/or contempt of court. Remember, even if you think the violation is minor, you can still call the police.

When you call the police, they will send an officer out to make a report. Show the police your injunction against harassment. If the police witness the violation or if the respondent is still in the area, they may make an arrest. The crime of violating an injunction against harassment is a misdemeanor. If the harasser is convicted, the judge may sentence him/her to appropriate counseling. If s/he is convicted more than once, s/he may have to go to jail.¹

Whether or not the respondent is arrested, the police may file a report. It’s a good idea to write down the responding officers’ names and badge numbers in case you want to follow up on your report.

If the respondent wasn’t arrested – or if you’re not sure what happened – you may want to call the Prosecuting Attorney’s Victim/Witness program in your circuit as soon as possible to let them know you made a police report for a violation of an injunction against harassment.

If the respondent got arrested, you don’t need to call the Prosecuting Attorney’s Office because they will automatically get involved. However, you can contact them if you need information or have questions about what to expect.

¹ Haw. Rev. Stat. § 604-10.5(i)

According to federal law, courts are not supposed to make any information publicly available on the internet that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protective order, restraining order, or injunction that you get; or
• the registration of an order in a different state.¹

Federal law applies to all states, territories, and tribal lands.

¹ 18 U.S.C. § 2265(d)(3)

The following people can file a petition:

• the respondent’s “family or household member,” which includes:
  • a current or former spouse;
  • a current or former reciprocal beneficiary;
  • a parent;
  • a child;
  • a relative by blood or adoption;
  • a current or former dating partner;
  • the other parent of his/her child; or
  • someone s/he lives or lived with, including both adult roommates and romantic partners;
• a law enforcement officer;
• a licensed doctor, advanced practice registered nurse, psychologist, or psychiatrist who has examined the respondent;
• an educator who works at a school or other learning institution which the respondent has a connection to; or
• the respondent’s co-worker.¹

To file a petition for a gun violence protective order, you (the “petitioner”) must allege that there is a danger that the respondent will physically injure themselves or others if s/he is allowed to have access to or control of firearms or ammunition.²

¹ Haw. Rev. Stat. § 134-61
² Haw. Rev. Stat. § 134-63(b)

In a gun violence protective order, the judge can order that the respondent cannot do any of the following things:

• own, purchase, have, receive, or transfer ownership of any firearm or ammunition;
• attempt to purchase, receive, or transfer ownership of any firearm or ammunition; or
• have any firearm or ammunition in his/her custody or control.¹

After the order is issued, the respondent will have a chance to give up his/her firearms or ammunition voluntarily. If the judge believes that the respondent has firearms or ammunition that s/he has not given up, the judge can issue a search warrant so that law enforcement can remove them.²

¹ Haw. Rev. Stat. §§ 134–64(g)(1); 134-65(d)(1)
² Haw. Rev. Stat. § 134–67(a), (d)

The steps to get a gun violence protective order are similar to the steps to get a domestic abuse protective order, but you will fill out different forms.

When you file for a gun violence protective order, your petition must include:

• an affidavit or sworn statement that includes the specific reasons you believe that the respondent poses a danger of causing bodily injury to him/herself or another person if s/he has access to firearms and ammunition (Note: You must have personal knowledge about the information you include on the affidavit;)
• the number, types, and locations of any firearms or ammunition that you believe the respondent has or controls;
• information about any existing protective orders you’re aware of that have been issued against the respondent; and
• whether there is any other lawsuit, complaint, petition, or other action in the state involving you and the respondent.¹

¹ Haw. Rev. Stat. § 134–63(b)

If you are the petitioner, you can ask the judge to renew the one-year gun violence protective order. To do this, you can file a request for renewal within the three months before the original order is set to end. The respondent must receive notice of your request for renewal. Then the judge will consider relevant evidence, including all of the factors the judge considered when issuing the original order. The judge will renew the order if s/he decides the respondent still poses a significant danger of causing bodily injury to themselves or others by owning, buying, or receiving firearms or ammunition or having firearms or ammunition in his/her custody or control.¹

¹ Haw. Rev. Stat. § 134-66(b)

Generally, only the state that issued your protection order can change, extend, or cancel it. 

To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You’ll probably also need to attend a hearing. However, you may be able to request that you attend the court hearing by telephone or video rather than in person, so that you do not need to return to the state where the abuser lives. You can find out if this is possible in your state by calling the clerk of the court that issued your order. If you need contact information for that court, go to our Courthouse Locations page and choose the state from the drop-down menu. To learn more about changing your order, see our Restraining Orders page for the state where your order was issued.

If your order expires while you are living in Hawai‘i, you may be able to get a new one in Hawai‘i. However, this may be difficult to do if no new incidents of abuse have happened in Hawai‘i. To find out more information on how to get a domestic abuse protective order in Hawai‘i, visit our Domestic Abuse Protective Orders  page.

To register your out-of-state protection order in Hawai‘i, you’ll need to file the following two documents at a courthouse near you:

1. a certified copy of your protection order; and
2. a sworn affidavit (written statement) that says the order is still effective.¹

There is no fee to file your out-of-state protection order.¹

If you need help, contact a domestic violence organization in Hawai‘i. You can find contact information for organizations in your area on our Hawai‘i Advocates and Shelters page.

¹ Haw. Rev. Stat. § 586-23

The federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, addresses this issue. VAWA says that the court cannot tell the abuser when you register or file your protection order in a new state unless you specifically request that the abuser be notified.¹ However, you may wish to confirm that the clerk is aware of this law before you register your order. You may want to be especially careful if your address is confidential.

Despite this law, it’s still possible that the abuser could somehow find out where you’re living. Please continue to think about your safety, even if you and the abuser no longer live in the same state. Our Safety Planning page has tips to get you started or build on what you’re already doing. A local domestic violence organization can help you make a safety plan that works for you. To find organizations in your area, visit our Hawai‘i Advocates and Shelters page.

¹ 18 U.S.C. § 2265(d)