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EspañolWhat is the legal definition of domestic abuse in Hawai‘i?
This section defines domestic abuse for the purposes of getting a domestic abuse protective order from family court. Hawai‘i law defines “domestic abuse” as a family or household member doing one or more of the following things:
- exercising coercive control;
- causing physical harm, bodily injury, or assault;
- threatening you with physical harm, bodily injury, or assault happening in the near future;
- extreme psychological abuse;
- malicious property damage, which means purposely damaging your property to cause you emotional distress; or
- if s/he is an adult, committing any of the following sexual offenses against a child:
- sexual assault in the 1st, 2nd, 3rd, and 4th degrees;
- continuous sexual assault of a minor under the age of fourteen;
- indecent exposure;
- incest;
- promoting child abuse in the 1st, 2nd, and 3rd degrees;
- electronic enticement of a child in the 1st and 2nd degrees; and
- indecent electronic display to a child.1
1 Haw. Rev. Stat. § 586-1
What is the legal definition of coercive control?
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
What is the legal definition of extreme psychological abuse?
Extreme psychological abuse is a series of actions that:
- are done intentionally or on purpose;
- are directed at you specifically;
- seriously disturb or continually bother you;
- have no reasonable purpose; and
- would cause a reasonable person extreme emotional distress.1
1 Haw. Rev. Stat. § 586-1
Who is a “reciprocal beneficiary”?
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
What types of domestic abuse protective orders are there? How long do they last?
There are two types of domestic abuse protective orders that the family court can issue: temporary restraining orders (TRO) and final protective orders. Domestic abuse protective orders are also referred to as “orders for protection” sometimes, but they are the same thing.
Temporary restraining orders. A TRO can be granted at the time you apply for your domestic abuse protective order. It can be granted without notifying the abuser and without him/her being present in court.1 The judge can give you a TRO for up to 180 days. However, a hearing called an “order to show cause” hearing should take place within 15 days.2
Final domestic abuse protective orders. This is a long-term order that is given after the abuser has been notified about the TRO. The judge will decide whether or not to extend your TRO into a final order during the “order to show cause” hearing. The judge can give you a final domestic abuse protective order if s/he believes that:
- the abuser did not prove (“show cause”) that the order should end; and
- the domestic abuse protective order is necessary to stop domestic abuse from happening.3
If the judge decides to issue a final order, it will last for any amount of time the judge thinks is reasonable.3
Note: If a temporary or final domestic abuse protective order prevents the respondent from contacting, threatening, or physically abusing a minor, the order can be extended until a date soon after the minor turns 18.4
If your situation does not fit the requirements for a family court order, you might qualify for an injunction against harassment from the district court instead. For more information, please see our Injunctions Against Harassment page.
1 Haw. Rev. Stat. § 586-4(a)
2 Haw. Rev. Stat. § 586-5(a), (b)
3 Haw. Rev. Stat. § 586-5.5(a)
4 Haw. Rev. Stat. §§ 586-5(a); 586-5.5(a)
Where can I file for a domestic abuse protective order?
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
How can I get protection if the courts are closed?
Even though you can only apply for a domestic abuse protective order while the courts are open, if you need protection when the courts are closed the police may be able to help. A police officer who is investigating the physical abuse of a family/household member can order an abusive adult to leave the home for a “period of separation.”1
The period of separation will last from:
- the time the officer gives him/her the order; until
- 6:00 p.m. on the second business day after the day the order was issued.1
The day the order is issued is not counted when calculating the two business days. So, for example, a period of separation which began at 10:00 am on Thursday would last until 6:00 pm on Monday.
During the period of separation, it’s also illegal for the abuser to contact you, either by telephone or in person.1
For more information, you can read the law on our Selected Hawai‘i Statutes page.
1 Haw. Rev. Stat. § 709-906(4)(b)
What protections can I get in a domestic abuse protective order?
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:
- order all of the protections listed above;
- 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
- 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)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have legal power (“personal jurisdiction”) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.
However, there are a few ways that a court can get personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or perhaps the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you, but s/he has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
Even if none of the above apply to your situation, you may still be able to get an order. If you file, you may be granted an order by consent or the judge may decide that there are other reasons to grant the order.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file for an order in the courthouse in the state where the abuser lives. However, you might need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.
