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EspañolHow do I get a gun violence protective order?
The steps to get a gun violence protective order are similar to the steps to get a domestic abuse protective order, but you will fill out different forms.
When you file for a gun violence protective order, your petition must include:
- an affidavit or sworn statement that includes the specific reasons you believe that the respondent poses a danger of causing bodily injury to him/herself or another person if s/he has access to firearms and ammunition (Note: You must have personal knowledge about the information you include on the affidavit;)
- the number, types, and locations of any firearms or ammunition that you believe the respondent has or controls;
- information about any existing protective orders you’re aware of that have been issued against the respondent; and
- whether there is any other lawsuit, complaint, petition, or other action in the state involving you and the respondent.1
1 Haw. Rev. Stat. § 134–63(b)
How will a judge make a decision about whether or not to grant the order?
The judge can issue a gun violence protective order if s/he finds that there is a “significant danger” that the respondent will harm him/herself or others by owning, buying, or receiving a firearm or ammunition or by having a firearm or ammunition in their custody or control.1 To decide if there is “significant danger,” the judge will consider factors such as the respondent’s:
- illegal, reckless, or negligent use, display, storage, possession, or waving of a firearm;
- act or threat of violence against themselves or another person, whether or not the violence involves a firearm;
- violation of a domestic abuse protective order, an injunction against harassment, or a similar type of order issued in Hawai‘i or another state;
- abuse of drugs (controlled substances) or alcohol;
- involvement in any crime that involves drugs or alcohol; and
- recent purchase of or control over firearms, ammunition, or other deadly weapons.1
The judge will also consider how long ago the respondent committed any of these behaviors.1
1 Haw. Rev. Stat. §§ 134–64(d), (e); 134-65(b)
Can I renew a gun violence protective order?
If you are the petitioner, you can ask the judge to renew the one-year gun violence protective order. To do this, you can file a request for renewal within the three months before the original order is set to end. The respondent must receive notice of your request for renewal. Then the judge will consider relevant evidence, including all of the factors the judge considered when issuing the original order. The judge will renew the order if s/he decides the respondent still poses a significant danger of causing bodily injury to themselves or others by owning, buying, or receiving firearms or ammunition or having firearms or ammunition in his/her custody or control.1
1 Haw. Rev. Stat. § 134-66(b)
