Restraining Orders

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)