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EspañolStep 1: Go to the district court to begin the filing process.
A petition for an injunction against harassment must be in writing. It has to state that either:
- a past act of harassment has happened; or
- threats of harassment are so strong that it’s likely that an act of harassment will happen in the near future.1
You can apply for an injunction against harassment by going to one of the following locations:
- O’ahu –Honolulu District Court, Regular Claims Division, located at 1111 Alakea Street, third floor, (808) 538-5151
- Maui – Service Center, located at 2145 Main Street, room 141A, (808) 244-2706
- Hawai‘i – Administration and Services Section, 777 Kilauea Avenue, Hilo, (808) 961-7430
- Kaua’i– Civil Division, located at 3970 Kaana Street, Room A-105, Window 3, (808) 482-2303
There is a $15 filing fee that can be waived in exceptional circumstances.2
It may be useful to bring identifying information about the harasser, such as:
- his/her home and work addresses;
- a description and plate number of the harasser’s car;
- the name of a parent or guardian, if s/he is 17 or younger; and
- if the harasser has threatened you with a gun, information about his/her gun ownership.
1 Haw. Rev. Stat. § 604-10.5(d)
2 Hawai‘i State Judiciary website
Step 2: Fill out the petition.
Carefully fill out the petition. You will be the petitioner, and the harasser will be the respondent. Write about the most recent incidents of harassment, using descriptive language that fits your situation. For example, you might use words like “slapping,” “hitting,” “grabbing,” “following,” “threatening,” etc., If you remember the specific words used to threaten you, you may want to include that language in the petition. Include details and dates, if possible. Be specific.
Be sure to write a safe mailing address and phone number. You can ask that your contact information be kept confidential, along with the addresses for any schools you and your children attend. If you are staying at a shelter, use a Post Office Box, not a street address.
You may be able to ask the clerk for help if you have questions about filling out the forms. If you’d like to fill out the forms in advance, you can find links to them on our Hawai‘i Download Court Forms page. To find your courthouse, go to the Hawai‘i Courthouse Locations page.
Step 3: A judge reviews your petition and may grant you a temporary restraining order (TRO).
After you complete the necessary forms, a judge will look at your petition. S/he may ask you questions or make a decision based on your petition only. The harasser does not need to be present. If the judge believes your allegations meet Hawai‘i’s definition of harassment, s/he will grant you an immediate TRO. This TRO can last up to 90 days or until your full court hearing.1
If a TRO is granted:
A hearing will be scheduled within 15 days. 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 date can’t be more than 90 days from the date the TRO was initially granted.1
The court clerk will give you certified copies of the order. Ask the clerk to “conform” all copies by stamping the judge’s signature and date on all orders.2 Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, you can ask the clerk how you can correct the order before you leave. Be sure to keep it with you at all times. You may want to keep copies in your car, at your workplace, or at your child’s daycare, for example.
1 Haw. Rev. Stat. § 604-10.5(g)
2 See Hawai‘i State Judiciary website
Step 4: Service of process
The harasser must be “served,” or formally given:
- a copy of your petition;
- a copy of the TRO; and
- the date of the TRO/injunction hearing.
There are different rules for service depending on which district you live in. You may have to take the court papers to the police or to a process server. There may also be fees for having it served. For more information on the procedure and the fees for service of the order in the First, Second, Third, and Fifth circuits, you can go to the Hawai‘i State Judiciary website.
Your TRO is not officially in effect until the respondent receives a copy.1 You may want to check with the police or the process server who was serving the papers to confirm that the harasser was served.
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
Step 5: The TRO/injunction hearing
If you want your protection to last longer than 90 days, you must participate in a hearing. At the hearing, a judge will listen to all of the evidence you and the harasser present. S/he will decide whether or not to extend your TRO by giving you a final injunction against harassment, which can last for up to three years.
Although you aren’t required to hire a lawyer, you have the right to bring one to represent you at the hearing. If you show up to court and the harasser has a lawyer and you do not, you may want to consider asking the judge for a “continuance.” That’s a request to set a later court date so you can have time to find a lawyer for yourself.
If you’re going to represent yourself, see the At the Hearing section under the Preparing for Court tab at the top of this page for ways you can show the judge that you were harassed.
1 Haw. Rev. Stat. § 604-10.5(g)
