Restraining Orders

The abuser must be “served,” or given a copy of the petition along with papers that tell him/her about the temporary restraining order (TRO) and the date of the order to show cause hearing. You will need to provide an address where the abuser can be found.

In some circuits, you may have to take two copies of the TRO to the police station in the area where the abuser is most likely to be found. In others, the court will ensure that the abuser is served. You may want to talk to the clerk before you leave the courthouse to make sure you know what the rule is in your circuit. You cannot serve the abuser yourself; only a person who is not involved in the case can serve the papers.¹

Your TRO is not enforceable until the abuser is served.² Once the police serve the order, they are supposed to take all firearms and ammunition from the abuser. You can read more about this in Can the abuser have a gun? You can call the law enforcement agency that’s serving your paperwork to make sure that the abuser has been served and that your TRO is in effect.

¹ Haw. R. Civ. P. 4(c)
² See Hawai‘i Judiciary website