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EspañolCan I get my out-of-state protection order enforced in Hawai‘i? What are the requirements?
Your protection order can be enforced in Hawai‘i as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you;1
- The judge that issued the order had jurisdiction over the people and the case - in other words, the judge had the authority to hear the case; and
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: In addition to enforcing orders issued in other U.S. states and territories, Hawai‘ian courts will also enforce orders issued in Canada.3
For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protective order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)
3 Haw. Rev. Stat. § 586-21
Can I have my out-of-state protection order changed, extended, or canceled in Hawai‘i?
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.
I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Hawai‘i?
As long as the child custody part of your order meets the standard of certain federal laws, Hawai‘i can enforce it.1
To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. You can find one on our Hawai‘i Finding a Lawyer Page.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
