Honolulu Restraining Order Lawyer
Protecting Your Rights & Future in Hawaii Criminal Cases
In Hawaii, there are two main types of protective orders. These can be issued on both a temporary basis (referred to as temporary restraining orders or TROs) or on a definite time period, such as for a year. Violation of a restraining order is a criminal offense.
If you need legal help fighting a TRO or other restraining order, you can turn to Landsberg Law Office. Our criminal defense attorney has been practicing in this field for 16 years, has developed advantageous relationships with local judges and prosecutors, and brings a wealth of knowledge and commitment to every client. We understand the devasting effects a restraining order can have on you in such matters as your housing, child custody, and more. Furthermore, we know how restraining orders can be issued based on false allegations from alleged victims. Our firm will fight for your rights and for an unobstructed future with thoroughness and dedication.
Need to fight a restraining order or its violation? Contact our Honolulu restraining order attorney at (808) 468-7292 for a free case consultation.
Protective Orders in Hawaii
There are two main types of protective orders: district court protective orders and family court protective orders. District court protective orders are issued against individuals who are not related or have a relationship with an alleged victim, while family court protective orders are filed against family or household members. These protective orders can be initiated without having to inform the other party.
Protective Orders for a Relative
An alleged victim can contact the local family court right after a domestic violence incident. A TRO court officer will help victims prepare the necessary documents to submit to the judge for review.
The following is the contact information for family court protective orders throughout the state:
- Hawai`i – Alternatives to violence branch of child and family services
- Maui – Law library/Service center/Jury pool office
- O`ahu – Family court temporary restraining order office
- Kaua`i – Family court office
Similar to district court proceedings, if a judge grants a victim a TRO, a court hearing will be scheduled within 15 days. If the judge at the show cause (OSC) hearing rules in favor of the alleged victim, the TRO will be extended or he/she will be granted a Protective Order, which lasts for any reasonable time within 10-20 years.
Protective Orders for a Neighbor or Stranger
In order to obtain a temporary restraining order (TRO), an alleged victim must fill out the necessary forms either before or at district court. If the court grants the TRO, the order valid for up to 15 days or until the next court hearing is held.
District court protective orders can be filed at the following locations:
- Hawai`i – Administration and Services Section, 777 Kilauea Avenue, Hilo
- Maui – Service Center, located at 2145 Main Street, room 141A
- O`ahu – Honolulu District Court, Regular Claims Division, located at 1111 Alakea Street, third floor
- Kaua`i – Civil Division, located at 3970 Kaana Street, Room A-105, Window 3
At the TRO/Injunction hearing, both parties have an opportunity to present their case and evidence. If the judge sides with the alleged victim, the TRO will be extended beyond 90 days or he/she will be granted an Injunction Against Harassment – lasts a maximum of three years, but can be longer if the person violates it within those three years.
Restraining Order Violations
If you violate a TRO in a first offense, you will be charged with a misdemeanor punishable by a mandatory minimum of 48 hours in jail and a fine between $150 and $500. A second conviction is punishable by a mandatory minimum of 30 days in jail and fines between $250 and $1,000.
If you violate a protective order in place for one to three years, you will face a minimum mandatory of 48 hours in jail and up to $150 in fines for a non-domestic case and between $150 and $500 in a domestic abuse case. In a second domestic abuse conviction, the penalties include a mandatory minimum jail sentence of 30 days and a fine of $250 up to $1,000.
Get Effective Legal Help from Landsberg Law Office
If you need to fight a TRO, protective order, or violation of either, you can turn to our office for knowledgeable and aggressive legal representation. We will do everything possible to help you obtain the most optimum outcome possible. These types of orders are often based on hearsay, falsehoods, exaggerations, and otherwise weak evidence which is why you need a legal professional in your corner.
Call us at (808) 468-7292 to learn more about where you stand and how we can fight for you.