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EspañolStep 6: The order to show cause (OSC) hearing
An OSC hearing date will be scheduled within 15 days of the date your TRO is granted. The date and time of your hearing will be written on your TRO.
During the OSC hearing, a judge will hear all of the evidence and decide whether or not to extend your TRO beyond 180 days. If the judge believes that a final domestic abuse protective order should be issued, it will last for as long as s/he feels is necessary.1
You must attend the hearing, or your petition will be dismissed. However, if you want to, you can request to attend the hearing remotely instead of in person. 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 still has the option to allow you to attend remotely. To make this decision, s/he will consider factors such as:
- whether or not you have transportation or child care;
- whether or not you can get paid time off; and
- your fear of the respondent.2
You can check if your circuit has a form you can file to request to appear remotely.
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. Getting a lawyer may help make sure your rights are protected, especially if the abuser has one. If you need more time to find a lawyer, you may ask the judge for a “continuance” so you have more time to hire someone. An advocate may be available to help you at your OSC hearing if you can’t get a lawyer. However, only a lawyer can give you legal advice or represent you in court.
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 Haw. Rev. Stat. § 586-5.5(a)
2 Haw. Rev. Stat. § 586-5(b)
