Restraining Orders

To get an injunction against harassment from the district court, you must be a victim of one of the behaviors that qualify as harassment under the law. In Hawai‘i, “harassment” is defined as any of the following things:

1. physical harm, bodily injury, or assault;
2. the threat of physical harm, bodily injury, or assault happening in the near future; or
3. a pattern of behavior that does all of the following things:
   1. seriously and continuously alarms you;
   2. serves no legitimate purpose; and
   3. causes you to reasonably suffer emotional distress.¹

¹ Haw. Rev. Stat. § 604-10.5(a)

There are two kinds of injunctions against harassment: a temporary restraining order or an injunction from further harassment.¹

A temporary restraining order (TRO) can last for up to 90 days from the date it is granted. A hearing will take place within 15 days after the TRO is granted. If the harasser has not been properly notified before the date of the hearing, the court may set a new date for the hearing. The new hearing date must happen within the original 90-day time frame.² 

If the judge finds that there is substantial evidence that harassment has occurred after the TRO/Injunction hearing, s/he can order an injunction against further harassment. This injunction can last for up to three years.²

¹ See Haw. Rev. Stat. § 604-10.5(c)
² Haw. Rev. Stat. § 604-10.5(g)

An injunction against harassment can prevent the respondent from:

• assaulting you or causing you physical harm/bodily injury;
• threatening to cause physical harm, bodily injury, or assault, which you believe is likely to happen; or
• causing you emotional distress by intentionally doing something to you that alarms or continuously bothers you, without a good reason.¹

This could mean that the respondent might be ordered not to do some or all of the following things:

• contacting or threatening you or anyone living in your home;
• calling you;
• entering or visiting your home, including the yard or garage; or
• entering or visiting your place of employment.²

¹ Haw. Rev. Stat. § 604-10.5(f), (g)
² See, for example, the Order Granting Petition for Injunction Against Harassment, First Circuit Division