Domestic Violence Attorneys in Honolulu
Temporary Restraining Orders & Spousal Abuse Cases
Our attorneys at Coates Frey Tanimoto & Gibson, AAL LLLC understand
the severity of domestic abuse cases and use appropriate discretion and
care to get you the help and freedom you need. During your free initial
consultation, we will evaluate your situation and help you remain safe
and regain control of your life.
Call our attorneys to protect yourself against domestic abuse:
(808) 518-6376. We serve Oahu and neighboring islands.
Temporary Restraining Order Basics
A temporary restraining order allows you to get protection from your abuser
quickly. It can be granted immediately upon application, meaning you do
not need your abuser present in court right away, nor do you need to give
them notice that you are applying.
After the order is issued, a hearing takes place typically within 15 days.
This hearing gives the abuser the platform to defend themselves and attempt
to show cause as to why the order is not necessary. After the hearing,
the judge can provide a final order for protection if they find that the
abuser showed insufficient reason as to why there should not be a restraining
order or if they find it is necessary for protecting you from further
domestic violence and spousal abuse.
A temporary restraining order is valid for up to 180 days or until an order
for protection becomes effective. Whichever event comes first will discontinue
the temporary restraining order.
While Hawaii courts do not provide emergency orders after hours, the police
can offer a substitute protection if you are in immediate danger. A police officer can order the abuser to leave the house and make it illegal
to contact you in any way during this “period of separation,”
which lasts until 6:00 p.m. two business days after the order, not counting
the date the order was given. This gives the victim the time necessary
to reach the court during its operating hours to obtain a TRO.
If you are in immediate danger, please call your local police. If the situation
is temporarily tame,
contact our attorneys to review your legal options.
How Does a TRO Protect Me?
Once the abuser is aware of the restraining order, after he/she is served
it, any violation is reason to contact the court or the police. When an
abuser knowingly acts against your TRO, it can be a misdemeanor.
If you call the police, present them with your restraining order and inform
them of the misconduct. Usually, if the abuser is still close, they will
make an arrest. Regardless of whether an arrest does immediately take
place, the police will write a report of the incident. You can provide
them with any evidence you have, such as marks of violence or property
damage, or communication attempts, in person or via phone.
You are generally responsible for reporting any misconduct to the court.
Be sure to record the violation specifics, including the date, time, and
location. If you called the police to the scene and they filed a report,
it’s wise to note their names and badge numbers should you want
to follow up on the case.
How Do I Get a Temporary Restraining Order?
When you contact our lawyers for guidance with your domestic violence case,
we will help walk you through Hawaii's TRO process.
The process typically occurs as follows:
- We will help you fill out your petition to receive a TRO
- We will attend your appointment to receive your TRO and act as your advocate
- We will attend family court to present your petition
- We will obtain the copies of your TRO
- The police will serve the abuser
- We will attend the hearing for the abuser to attempt to show cause for
We understand the intensity of the situation and the whirlwind of emotions
involved. Allow us to handle the legal work and get you to a safer place.
Are you afraid for your safety? Do you need protection from spousal abuse
or domestic violence?
Contact our Honolulu domestic violence attorneys for assistance getting a restraining order.