A woman in Puna came to Ohana Law Firm after her former partner kept appearing at her home and making threats. William Dean, Esq. filed an ex parte petition in the Third Circuit Family Court in Hilo, and the judge issued a temporary order barring contact.
A restraining order Hawaii petition starts with specific facts. Most family-related cases fall under Hawaii Revised Statutes Chapter 586 (Domestic Abuse Protective Orders), while harassment by non-family members goes to District Court. This guide explains both paths and what each order covers.
The information in this article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, contact a licensed Hawaii attorney. If you are in immediate danger, call 911.
| To get a restraining order in Hawaii, file a petition in Family Court if the other person is a family or household member, or in District Court for harassment by anyone else. Under HRS Chapter 586, a judge may issue an ex parte temporary order without notice if the facts show abuse or imminent threats. |
Restraining Order Hawaii: Which Type Fits Your Situation?
Two court paths exist, and your relationship with the other person decides which one applies. Family Court issues domestic abuse protective orders under HRS Chapter 586. District Court issues injunctions against harassment under HRS Section 604-10.5.
A family or household member under HRS Section 586-1 includes spouses, former spouses, parents of a shared child, relatives, people who live or lived together, and people in a dating relationship. Adult roommates tied only by a rental or contract are excluded.
| Feature | Domestic abuse protective order | Harassment injunction |
|---|---|---|
| Statute | HRS Chapter 586 | HRS Section 604-10.5 |
| Applies to | Family or household members | People outside that group, such as neighbors |
| Hilo court | Third Circuit Family Court | Hawaii District Court |
| Temporary order | Up to 180 days, or until a protective order takes effect | Up to 90 days |
| Show-cause hearing | Within 15 days of the TRO | Within 15 days of the TRO |
| Final order | Fixed period set by the judge | Up to 3 years |
| Proof needed | Preponderance of the evidence | Clear and convincing evidence |
Harassment cases often overlap with neighbor conflicts and other civil litigation disputes. If the other person is not a family or household member, the District Court path usually applies.
How Domestic Abuse Protective Orders Work in Hawaii
A domestic abuse protective order begins with an ex parte temporary restraining order (TRO), which a judge can grant without notifying the other person first. Under HRS Section 586-4, the judge must find probable cause that abuse occurred or that threats make abuse imminent.
Domestic abuse covers physical harm, assault, threats of imminent harm, extreme psychological abuse, coercive control, and malicious property damage between family or household members. HRS Section 586-1 sets this definition.
Within 15 days of the TRO, the court holds a show-cause hearing where both sides may appear with counsel. HRS Section 586-5 limits the TRO to 180 days or until a protective order takes effect. A petitioner alleging domestic abuse may attend the hearing remotely.
If the respondent fails to show cause, HRS Section 586-5.5 allows a protective order for a fixed reasonable period, and the court can extend it later. These orders often connect to divorce and custody, which our Hawaii family law attorneys handle.
| Facts found at a TRO hearing do not bind a later custody ruling. Under HRS Section 586-4(d), the family court can weigh the evidence fresh when it applies HRS Section 571-46, the custody statute. |
What a Hawaii Restraining Order Covers
A TRO covers contact, threats, physical abuse, and entry to your home, and a protective order can add custody-related terms. HRS Section 586-4 lets the judge restrain contact with you and anyone living at your residence, and keep the other person away from your home.
| Order stage | What the judge can order | Statute |
|---|---|---|
| Ex parte TRO | No contact, threats, or abuse; no entering your residence; protection of household animals | HRS 586-4 |
| Protective order | All TRO terms, plus temporary visitation and custody and domestic violence intervention | HRS 586-5.5 |
| Firearms | Possession barred while the order is in force unless the court permits it | HRS 134-7(f) |
| Protected minor | Order may run past the child’s 18th birthday | HRS 586-5.5 |
How to File for a Restraining Order in Hilo, Step by Step
You file at the Hilo courthouse, 777 Kilauea Avenue, using the Hawaii State Judiciary petition forms. Follow these six steps.
- Choose the court. Use the table above: Family Court for family or household members, District Court for harassment by others.
- Gather evidence. Collect dates, texts, photos, police report numbers, witness names, and the other person’s address for service.
- Complete the petition. Describe each incident with specific dates and details. District Court petitions need a sworn affidavit or a statement under penalty of perjury (HRS Section 604-10.5(d)).
- Request the ex parte TRO. A judge reviews the petition and may grant a temporary order without the other person present.
- Serve the respondent. The order must be served, and the court sets a hearing date, no later than 15 days after the TRO is granted.
- Attend the hearing. Bring your evidence. The respondent may respond, and the judge decides whether to continue the order.
| A knowing violation of a TRO is a misdemeanor, and HRS Section 586-4(e) sets a mandatory minimum of 48 hours in jail for a first conviction. Only a judge can modify an order (HRS Section 586-9), so contact from the protected person does not cancel it. |
When You Need a Hawaii Attorney for a Restraining Order
You need an attorney when children, custody, a divorce, firearms, or a contested hearing are involved. Hawaii courts allow people to file on their own, but the hearing often decides parenting time and safety terms.
William Dean, Esq. holds a JD from the William S. Richardson School of Law and represents clients in the Third Circuit Court. Respondents who are served can also bring counsel to the show-cause hearing under HRS Section 586-5. Meet our attorneys.
A restraining order exists to prevent abuse, not to gain an advantage in a custody case. For background on how judges weigh parenting disputes, read our guide to child custody in Hawaii.
| Call promptly if you were served with a TRO, children are part of the dispute, a divorce is pending, or weapons are involved. The outcome of any legal matter depends on the specific facts and applicable law. Past results do not guarantee future outcomes. |
Restraining Orders Across Hawaii Island: Hilo, Puna, and Kona
Ohana Law Firm serves Big Island residents from Hilo to Puna and Kailua-Kona, and every call goes straight to an attorney 24/7. Hawaii County cases are heard in the Third Circuit, with Hilo filings handled at 777 Kilauea Avenue.
Puna and Hamakua residents usually file in Hilo. West Hawaii residents in Kona or Kohala should confirm the correct filing location with the Third Circuit clerk before traveling. You can also contact our Hilo office to discuss your situation.
Final Thoughts on Getting a Restraining Order in Hawaii
A restraining order in Hawaii follows a clear path: choose the right court, file a detailed petition, and prepare for a hearing within 15 days. Family Court and District Court use different rules, so the first choice matters.
The information in this article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, contact a licensed Hawaii attorney. If you have questions about restraining orders on the Big Island, contact Ohana Law Firm for a free consultation.
| Ohana Law Firm serves Big Island residents 24/7. Call 808-430-0704 — your call goes straight to an attorney. Free consultation. Ohana means family, and we treat every Big Island client like family. Mahalo nui loa. |
Frequently Asked Questions
What Hawaii law governs restraining orders?
Hawaii Revised Statutes Chapter 586 governs domestic abuse protective orders issued by Family Court, including the ex parte TRO in Section 586-4 and the show-cause hearing in Section 586-5. Harassment injunctions between non-family members fall under HRS Section 604-10.5 in District Court. Consult a licensed Hawaii attorney about which statute fits your facts.
How much does a restraining order cost in Hawaii?
The District Court charges a $15 filing fee for a harassment petition, which the court can waive in exceptional circumstances. Attorney fees vary with how contested the hearing becomes. Ohana Law Firm offers a free consultation at 808-430-0704, so you can learn what representation would involve before you decide.
How long does the restraining order process take in Hawaii?
Under HRS Section 586-5, the court must hold a show-cause hearing within 15 days of granting a TRO, and the TRO can last up to 180 days or until a protective order takes effect. A harassment TRO from District Court lasts up to 90 days under HRS Section 604-10.5.
Does Ohana Law Firm handle restraining orders on the Big Island?
Ohana Law Firm handles family law and civil litigation matters across Hawaii Island, including petitions and hearings connected to restraining orders in Hilo, Puna, and Kona. Calls go straight to an attorney 24/7 at 808-430-0704. Your free consultation will confirm whether your specific type of case fits the firm’s practice.
When should I contact a Hawaii attorney about a restraining order?
Contact a licensed Hawaii attorney as soon as you are served, or before filing if children, a divorce, a custody case, or firearms are involved. A hearing can happen within 15 days, so delay costs preparation time. If you are in immediate danger, call 911 first, then seek legal advice.
