Hawaii Protective Orders

Code Section
586-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling and petitioner’s work; regarding minor children: grant temporary visitation, counseling

Duration
Temporary restraining order: maximum 90 days; protective order: maximum 3 years

Penalty for a Violation of Order
Violation of temporary restraining order: Misdemeanor: required counseling and if 1st conviction, mandatory minimum jail 48 hours and fine of no less than $150 nor more than $500; 2nd conviction mandatory minimum 30 days jail and fine of no less than $250 nor more than $1,000, otherwise mandatory minimum 48 hours; court may waive if 2nd was for nondomestic abuse and 1st conviction was for domestic abuse. Violation of protective order: 1st conviction, mandatory minimum jail 48 hours and up to $150 fine if non-domestic and $150-500 if domestic abuse; 2nd conviction domestic, mandatory minimum 30 days and $250-1,000 fine. Subsequent violations: after 2nd conviction for violation of same order, mandatory minimum 30 days jail and $250-1,000 fine

Who May Apply for Order
Any family or household member on behalf of self, a minor member or one who is incapacitated or physically unable to file petition, or any state agency on behalf of minor, incapacitated or unable member

Fees Waived
N/A

Transmission to Law Enforcement
Within 24 hours to county police department

Civil Liability
N/A


Inside Hawaii Protective Orders