The Hawaii Restraining Order form is a legal document designed to protect individuals from harassment by allowing them to request a temporary restraining order against a specific person. This form outlines the circumstances under which a petitioner seeks protection, including recent acts of harassment or threats that may lead to future harm. For those in need of protection, filling out this form is an essential step; click the button below to get started.
The Hawaii Restraining Order form is a critical legal document designed to protect individuals from harassment and threats. It allows petitioners to request an ex parte temporary restraining order, which can provide immediate relief by prohibiting the respondent from contacting or threatening them for a limited period, typically up to 90 days. This form includes essential sections where petitioners provide their personal information, details about the respondent, and a declaration that outlines the harassment or threats they have experienced. The form also seeks to prevent the respondent from possessing firearms, ensuring an additional layer of safety. After filing, a notice of hearing is issued, where both parties have the opportunity to present their case before a judge. If the court finds sufficient evidence of harassment, it may issue a longer-term injunction, lasting up to three years. This process is designed not only to address immediate concerns but also to provide ongoing protection for those who feel threatened or unsafe.
PETITION FOR EX PARTE TEMPORARY RESTRAINING
Form# 3DC51
ORDER AND FOR INJUNCTION AGAINST HARASSMENT;
DECLARATION OF PETITIONER; TEMPORARY RESTRAINING
ORDER AGAINST HARASSMENT; AND NOTICE OF HEARING
IN THE DISTRICT COURT OF THE THIRD CIRCUIT
DIVISION
STATE OF HAWAI‘I
Petitioner(s)
Reserved for Court Use
Civil No.
Respondent(s) (if known, list Address, Telephone, DOB and SSN
Petitioner(s)/Petitioner(s)’ Attorney (Name, Attorney Number,
for each respondent)
Firm Name (if applicable), Address, Telephone and Facsimile
Numbers)
PETITION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND FOR INJUNCTION AGAINST HARASSMENT
This Petition is made pursuant to Hawai‘i Revised Statutes section §604-10.5 and the following statement:
1. The Petitioner(s) is a resident(s) of the Division of the above District and Circuit, State of Hawai‘i.
2. Based upon the attached Declaration of Petitioner(s), Petitioner(s) ask(s) for
a. An ex parte temporary restraining order not to exceed a period of ninety (90) days for protection enjoining Respondent(s) and
any other person(s) acting on Respondent(s)’ behalf from:
ｑ＃ contacting, threatening, or physically harming
ｑ Petitioner(s)
ｑ Any person(s) residing at Petitioner(s) residence
ｑ telephoning the Petitioner(s)
ｑ entering or visiting Petitioner(s)’
ｑ residence, including yard and garage and
ｑ place of employment.
b. An order of an Injunction not to exceed a period of three (3) years, enjoining Respondent(s) and any other person(s) acting on
Respondent(s)’ behalf from committing those acts set forth in paragraph 2a. hereof.
c. An order prohibiting Respondent(s) from owning or possessing firearm(s) and/or ammunition.
d. An order awarding reasonable attorney’s fees and costs to Petitioner(s) and such further relief as the Court deems just and
appropriate.
Signature of Petitioner(s):
Date:
Print/Type Name(s):
tro
I certify that this is a full, true and correct
copy of the original on file in this office.
______________________________________________________
Clerk, District Court of the Above Circuit, State of Hawai‘i
Reprographics (07/11) RevaComm 508 Certified
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3d-P-250
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DECLARATION OF PETITIONER(S)
Petitioner(s) states the following is true:
ｑ
Recent or past act(s) of harassment occurred; and/or
Threats of harassment make it probable that acts of harassment may occur soon.
Respondent(s)
ｑ own;
＃
ｑ possess, or
ｑ intend to obtain or possess
ｑ firearm(s) and or ammunition that may be used to threaten or injure Petitioner(s).
Describe the firearm(s)/ammunition: ______________________________________________________________________ .
Location of the firearm(s)/ammunition: ____________________________________________________________________ .
Date last seen:________________ .
Street address/specific location where last seen: ___________________________________________________________________ .
(Explain in detail recent or past acts or threats of harassment, using additional sheets, if necessary. Please include dates of events.)
ｑ Unless Respondent(s)’ wrongful conduct is stopped or prevented by order of the Court, Petitioner(s) will suffer substantial emotional distress.
I have read the Petition and Declaration, know their contents, and verify that the statements contained therein are true to my personal knowledge and belief.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAI‘I THAT THE FACTS AND CIRCUMSTANCES STATED IN THE PETITION AND DECLARATION ARE TRUE AND CORRECT.
Print/Type Name:
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TEMPORARY RESTRAINING ORDER AGAINST HARASSMENT
(reserved for Court use only)
Based upon the attached Petition for Ex Parte Temporary Restraining Order and Declaration of Petitioner(s) and pursuant to Hawai‘i Revised Statutes §604-10.5, the Court finds there is probable cause to believe:
ｑ Recent or past acts of harassment by Respondent(s) have occurred.
ｑ Threats of harassment by Respondent(s) make it probable that acts of harassment may be imminent against Petitioner(s).
It appears to the Court that a Temporary Restraining Order should be granted and is necessary to prevent acts of harassment. Accordingly, IT IS ORDERED that Respondent(s) shall appear before the Judge in the above-entitled proceeding at the date, time and place indicated in the Notice of Hearing below. Pending the hearing on this Petition, Respondent(s) is/are ordered as follows:
TO THE RESPONDENT:
YOU AND ANYONE ACTING ON YOUR BEHALF ARE ORDERED AS FOLLOWS:
Do not contact, threaten, or physically harass Petitioner(s) and ｑ any person(s) residing at Petitioner(s) residence
ｑ Do not telephone Petitioner(s)
Do not enter or visit Petitioner(s)’ ｑ residence, including yard and garage, and
ｑ place of employment
ｑ Pursuant to HAWAI‘I REVISED STATUTES §134-7, you shall not possess or control any firearm(s) and/or ammunition for the duration of this Temporary Restraining Order.
ｑ You shall immediately turn over for safekeeping all firearms and/or ammunition in your possession and control to the Hawai‘i
County Police Department (any District Police Station in Hawai‘i County), for the duration of this Order or any extension thereof.
This Order becomes effective upon its signing and filing and shall remain in effect for fifteen (15) days, unless extended or terminated by the Court.
ANY KNOWING OR INTENTIONAL VIOLATION OF THIS TEMPORARY RESTRAINING ORDER AGAINST HARASSMENT IS A MISDEMEANOR PUNISHABLE BY A JAIL SENTENCE OF UP TO ONE YEAR AND/OR UP TO A $2,000 FINE.
A SENTENCE OF 48 HOURS JAIL FOR A SECOND CONVICTION AND 30 DAYS JAIL FOR ANY SUBSEQUENT CONVICTION(S) IS MANDATORY. [HAWAI‘I REVISED STATUTES §604-10.5, §706-663 AND §706-640].
Judge of the above-entitled Court
NOTICE OF HEARING
TO _________________________________________________________________________
__________________________________________________________________________________________________________________
NOTICE IS GIVEN that the Petitioner(s) above named has/have filed the foregoing Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment.
YOU ARE COMMANDED to appear before the Presiding Judge of the above-entitled Court, the District Court of the above Circuit.
at _____________________________________________________________________________________________________________ ,
on ____________________________________________________________________________ , 20 ____ at ______ o’clock ____ .M.
Prior to the scheduled hearing date, you or your attorney may file a written response explaining, justifying, or denying the alleged at or acts of harassment. At the hearing, the parties shall be prepared to testify, call and examine witnesses, present any documents, and give legal or factual reasons why the Injunction should or should not be granted. Each party may be represented by an attorney and shall be prepared to proceed at the hearing. IF YOU OR YOUR ATTORNEY FAIL TO ATTEND AT THE TIME AND PLACE DESIGNATED, AN ORDER
GRANTING PETITION FOR INJUNCTION AGAINST HARASSMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION.
The Court shall receive all evidence that is relevant at the hearing, and may make independent inquiry. If the Court finds by clear and con-
vincing evidence that harassment by Respondent(s) in the form of physical harm, bodily injury, assault, of the threat of imminent physical harm, bodily injury to Petitioner(s) exists, it may enjoin for no more than three years further harassment by Respondent(s). If the court finds by clear and convincing evidence that harassment by Respondent(s) in the form of an intentional or knowing course of conduct directed at Petitioner(s) that seriously alarms or disturbs consistently or continually bothers Petitioner(s) and that serves no legitimate purpose exists, and such course of conduct would cause a reasonable person to suffer emotional distress, the court shall enjoin for no more than three years, further harassment by Respondent(s).
This Order shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a judge of the above-entitled Court permits, in writing on this Order, personal delivery during those hours.
Clerk of the above-entitled Court
In accordance with the Americans with Disabilities Act , and other applicable State and Federal laws, if you require an accommodation for your disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. (808) 961-7424, FAX (808) 961-7411, or TTY (808) 961-7422 at least (10) working days before your preceeding, hearing, or appointment date.
ＦｏｒａｌｌＣｉｖｉｌｒｅｌａｔｅｄｍａｔｔｅｒｓ，ｐｌｅａｓｅｃａｌｌｏｒｖｉｓｉｔｔｈｅＤｉｓｔｒｉｃｔＣｏｕｒｔａｔ：ＨｉｌｏＤｉｖｉｓｉｏｎ，７７７ＫｉｌａｕｅａＡｖｅｎｕｅ，Ｈｉｌｏ，Ｐｈ．（８０８）９６１－７５１５ｳＫｏｈａｌａＤｉｖｉｓｉｏｎ， ６７－５１８７ＫａｍａｍａｌｕＳｔｒｅｅｔ，Ｋａｍｕｅｌａ，Ｐｈ．（８０８）４４３－２０３０ｳＫｏｎａＤｉｖｉｓｉｏｎ，７９－１０２０ＨａｕｋａｐｉｌａＳｔｒｅｅｔ，Ｋｅａｌａｋｅｋｕａ，Ｐｈ．（８０８）３２２－８７００．
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Filling out the Hawaii Restraining Order form can seem daunting, but breaking it down into manageable steps can make the process smoother. After submitting the form, it will be reviewed by the court, and a hearing will be scheduled to discuss your petition. It’s essential to provide accurate information to ensure your request is considered appropriately.
After filing the form, you will receive a notice of hearing, which will inform you of the date and time you need to appear in court. Make sure to prepare for this hearing by gathering any evidence or witnesses that can support your case.
A Hawaii Restraining Order is a legal order issued by a court to protect individuals from harassment, threats, or physical harm by another person. It can provide immediate protection and can last for a specified period, depending on the circumstances.
Any resident of Hawaii who feels threatened or harassed can file for a restraining order. This includes individuals who have experienced harassment from a neighbor, coworker, or even a family member. It’s essential to demonstrate a credible fear of harm or harassment.
You will need to complete the Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment. This form requires you to provide details about the harassment, including any past incidents and the respondent's information, if known.
A temporary restraining order can last for up to 90 days. If the court finds sufficient evidence during the hearing, it may extend the order for up to three years. The exact duration will depend on the specifics of your case and the court's decision.
During the court hearing, both you and the respondent will have the opportunity to present evidence and testify. You can call witnesses and submit documents to support your case. The judge will then decide whether to grant a longer-term restraining order based on the evidence presented.
Yes, there are resources available to help you. Local legal aid organizations can provide assistance in completing the necessary forms and preparing for your court hearing. It’s also advisable to seek legal advice if possible.
Violating a restraining order is considered a misdemeanor in Hawaii. This can lead to serious consequences, including fines and possible jail time. It’s crucial for the respondent to adhere to the order to avoid legal repercussions.
Yes, you can request to modify or dismiss the restraining order. This typically requires filing a motion with the court and providing valid reasons for the change. The court will then review your request and make a decision.
In most cases, there is no fee to file for a restraining order in Hawaii. However, it’s always a good idea to check with the local court for any specific requirements or potential fees that may apply.
If you feel you are in immediate danger, you should seek help right away. You can go to the nearest police station or call 911. You can also file for an ex parte temporary restraining order, which can provide immediate protection until a court hearing can be scheduled.
Failing to provide complete information about the respondent. When filling out the form, it is crucial to include all known details, such as the respondent's address, telephone number, date of birth, and social security number if available. Incomplete information can hinder the effectiveness of the restraining order.
Not specifying the nature of harassment. Clearly describe the incidents of harassment or threats. Vague descriptions may lead to confusion or dismissal of the petition.
Using ambiguous language. The form requires precise language. Avoid terms that can be interpreted in multiple ways. Be direct and specific about the actions that have caused distress.
Neglecting to include dates and details of incidents. Providing a timeline of events helps establish a pattern of behavior. This information is vital for the court to understand the urgency of the situation.
Forgetting to sign and date the form. An unsigned petition is not valid. Ensure that the signature is present, along with the date of submission.
Overlooking the declaration of truth. The petitioner must affirm that the information provided is true to their knowledge. Failing to do so can result in legal consequences.
Not preparing for the hearing. After filing the petition, be ready to present evidence and testify. Lack of preparation can weaken the case.
Ignoring the service requirements. The respondent must be properly served with the restraining order. Not following the correct procedure can lead to delays or dismissal of the order.
Submitting the form without seeking legal advice. Consulting with an attorney can provide clarity and ensure that all necessary steps are taken to strengthen the case.
When navigating the process of obtaining a restraining order in Hawaii, several other forms and documents may be necessary. Each of these documents serves a specific purpose in supporting the petitioner's case and ensuring that the legal process runs smoothly. Below is a list of commonly used forms alongside the Hawaii Restraining Order form.
Understanding these forms and documents is crucial for anyone involved in the restraining order process in Hawaii. Each one plays a vital role in protecting individuals from harassment and ensuring that their rights are upheld throughout the legal proceedings.
The Domestic Violence Restraining Order (DVRO) is designed to protect individuals from domestic violence situations. Like the Hawaii Restraining Order form, it allows a petitioner to request immediate protection from an abuser. Both forms require the petitioner to provide details about the harassment or violence they have experienced. The DVRO can also include provisions that prevent the abuser from contacting the victim or coming near their home or workplace, similar to the restrictions outlined in the Hawaii form.
Injunctions Against Harassment (IAH) are similar to the Hawaii Restraining Order as they provide a legal means for individuals to seek protection from harassment. Both documents are filed in court and require the petitioner to demonstrate that harassment has occurred or is likely to occur. The IAH can impose similar restrictions on the harasser, including prohibiting contact and requiring the harasser to stay away from the victim’s residence or workplace.
Temporary Protective Orders (TPO) serve a similar purpose as the Hawaii Restraining Order by providing immediate relief to individuals facing threats or harassment. A TPO can be granted quickly, often without the presence of the respondent, just like the ex parte temporary restraining order in Hawaii. Both orders are designed to provide short-term protection while a more permanent solution is sought through a court hearing.
Peace Orders are available in some jurisdictions and share similarities with the Hawaii Restraining Order. They are intended to protect individuals from harassment, stalking, or threats. Like the Hawaii form, a Peace Order can restrict the respondent from contacting the petitioner and may also include provisions regarding firearm possession. The process for obtaining a Peace Order often mirrors that of a restraining order in Hawaii.
Stalking Protection Orders are specifically designed for individuals experiencing stalking behavior. These orders are similar to the Hawaii Restraining Order in that they allow victims to seek legal protection from their stalkers. Both types of orders can impose restrictions on the stalker, such as prohibiting them from contacting or coming near the victim, ensuring a level of safety for the petitioner.
Child Custody Protection Orders can also resemble the Hawaii Restraining Order in certain contexts. When a parent fears that the other parent may harm them or the child, they can seek such an order. Both types of orders aim to protect individuals from potential harm and can include restrictions on contact or visitation, ensuring the safety of the child and the custodial parent.
Anti-Harassment Orders are another legal tool similar to the Hawaii Restraining Order. They are intended to prevent individuals from engaging in harassing behavior toward the petitioner. Both documents require evidence of harassment and can lead to similar restrictions on the respondent, such as prohibiting contact and requiring them to stay away from the victim's home or workplace.
Workplace Violence Restraining Orders provide protection to employees facing threats or violence in the workplace. Like the Hawaii Restraining Order, these orders can be sought quickly and often without the presence of the respondent. Both types of orders aim to ensure the safety of individuals by preventing the harasser from entering the workplace or contacting the victim.
Finally, Civil Harassment Restraining Orders are designed to protect individuals from harassment by someone who is not a family member or intimate partner. These orders are similar to the Hawaii Restraining Order in that they can impose restrictions on the harasser's behavior, including prohibiting contact and requiring them to stay away from the victim. Both forms aim to provide a safe environment for the petitioner.
When filling out the Hawaii Restraining Order form, there are important actions to take and avoid. Here is a list of ten things to consider:
Following these guidelines can help ensure a smoother process when seeking a restraining order in Hawaii.
Understanding the Hawaii Restraining Order form is crucial for those seeking protection from harassment. However, several misconceptions can lead to confusion. Here are six common misconceptions:
While filing a restraining order is an important step, it does not provide immediate physical protection. The order must be granted by a judge, and until then, the individual remains at risk.
Harassment can take many forms, including emotional or verbal abuse. The law recognizes various types of harassment, and victims of non-physical abuse can also seek protection.
Most restraining orders are temporary and need to be renewed or extended. Typically, a temporary order lasts for 15 days, after which a hearing will determine if it should be extended for a longer period.
While having legal representation can be beneficial, it is not required. Individuals can file for a restraining order on their own by completing the necessary forms.
In cases of ex parte temporary restraining orders, the respondent may not be notified before the order is issued. This is designed to provide immediate protection to the petitioner.
Violating a restraining order is a serious offense. It can lead to criminal charges, including misdemeanors that carry significant penalties, such as jail time and fines.