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EspañolWhat is a gun violence protective order?
A gun violence protective order is a civil court order that prohibits an individual (“respondent”) from owning, buying, possessing, or receiving any firearms or ammunition.1
1 Haw. Rev. Stat. § 134-61
Who can file for a gun violence protective order?
The following people can file a petition:
- the respondent’s “family or household member,” which includes:
- a current or former spouse;
- a current or former reciprocal beneficiary;
- a parent;
- a child;
- a relative by blood or adoption;
- a current or former dating partner;
- the other parent of his/her child; or
- someone s/he lives or lived with, including both adult roommates and romantic partners;
- a law enforcement officer;
- a licensed doctor, advanced practice registered nurse, psychologist, or psychiatrist who has examined the respondent;
- an educator who works at a school or other learning institution which the respondent has a connection to; or
- the respondent’s co-worker.1
To file a petition for a gun violence protective order, you (the “petitioner”) must allege that there is a danger that the respondent will physically injure themselves or others if s/he is allowed to have access to or control of firearms or ammunition.2
1 Haw. Rev. Stat. § 134-61
2 Haw. Rev. Stat. § 134-63(b)
What types of orders are there? How long do they last?
There are two types of gun violence protective orders: ex parte orders and one-year orders.
Ex parte gun violence protective orders
The judge will issue an ex parte gun violence protective order if s/he finds that the respondent is at risk of harming themselves or another person by:
- owning, buying, or receiving a firearm or ammunition; or
- having a firearm or ammunition in his/her custody or control.1
The respondent does not need to be in the courtroom or have notice of the case for you to get an ex parte order. The ex parte order will last until the court hearing for a one-year gun violence protective order, which will be scheduled within 14 days.1
One-year gun violence protective orders
The judge can issue a one-year gun violence protective order after the respondent receives notice and has the opportunity to be present for a hearing in court. At the hearing, the judge will decide if there is a “significant danger” that the respondent will cause bodily injury to themselves or others by owning, buying, or receiving a firearm or ammunition or by having a firearm or ammunition in his/her custody or control. If the judge issues an order, it will last for one year.2
1 Haw. Rev. Stat. § 134–64(f), (i)
2 Haw. Rev. Stat. § 134-65(c)
What protections can I get in a gun violence protective order?
In a gun violence protective order, the judge can order that the respondent cannot do any of the following things:
- own, purchase, have, receive, or transfer ownership of any firearm or ammunition;
- attempt to purchase, receive, or transfer ownership of any firearm or ammunition; or
- have any firearm or ammunition in his/her custody or control.1
After the order is issued, the respondent will have a chance to give up his/her firearms or ammunition voluntarily. If the judge believes that the respondent has firearms or ammunition that s/he has not given up, the judge can issue a search warrant so that law enforcement can remove them.2
1 Haw. Rev. Stat. §§ 134–64(g)(1); 134-65(d)(1)
2 Haw. Rev. Stat. § 134–67(a), (d)
