Restraining Orders

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)