Domestic Violence / TRO 'Ohana Is Everything

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 their actions

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.

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'Ohana is Everything
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