Restraining Orders

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)