How to Get a Restraining Order in Hawaii: Process, Proof & Timeline

In Hawaii, a person who needs protection from an abusive family or household member asks the Family Court for an order under HRS Chapter 586, the Domestic Abuse Protective Orders law. There are two stages: first, a judge can issue an ex parte Temporary Restraining Order (TRO) the same day, without the other person present, based only on the petitioner's sworn statement. Then, within a set number of days, the court holds a hearing where the other person (the respondent) can show up and contest it, and the judge decides whether to convert the TRO into a longer Protective Order.

Who can ask for an order, and what it covers

Chapter 586 protects people who qualify as a "family or household member" under HRS 586-1. Based on the statute's definitions, that group includes current or former spouses or reciprocal beneficiaries, people who have a child in common, parents and children, blood relatives, current or former dating partners, and people who currently or formerly live together. If you do not fit one of those relationship categories, Chapter 586 may not be the right tool, and you should ask the Family Court clerk what other option applies to your situation.

"Domestic abuse" under the law and the Judiciary's own explanation of it includes physical harm, bodily injury, or assault; the threat of imminent physical harm; extreme psychological abuse; or malicious property damage, when it happens between family or household members as defined above.

The proof standard: what you have to show

Hawaii uses the preponderance-of-the-evidence standard for a Chapter 586 protective order. In plain terms, that means the judge has to conclude it is more likely than not that the abuse happened and that an order is needed — not the higher "beyond a reasonable doubt" standard used in criminal cases. Courts have upheld this standard as consistent with due process. Because it is a lower bar than a criminal case, detailed, specific, dated descriptions of what happened (and copies of anything that backs it up, like messages, photos, or medical records) genuinely help the judge decide.

Step one: the ex parte Temporary Restraining Order

Under HRS 586-4, a Family Court judge can grant a TRO on petition alone, without notice to the other person and without a hearing, if the facts support it. The order can restrain the respondent from contacting, threatening, or physically abusing the protected person, and from contacting, threatening, or abusing anyone else living at the protected person's residence. Because this stage happens without the other side present, the court will revisit everything at a later hearing where both sides can be heard.

Step two: the show-cause hearing and the 15-day clock

Time-sensitive: once a TRO is granted, the court must hold a hearing for the respondent to show cause why the order should not continue no later than 15 days after the TRO is granted. At that hearing, both people can present evidence, and the judge decides whether a full Protective Order is necessary to prevent domestic abuse or a recurrence of it.

Time-sensitive: a TRO itself stays in effect only at the court's discretion for up to 180 days, or until a Protective Order takes effect — whichever happens first. It does not automatically last longer than that, so the 15-day hearing date matters: it is your opportunity to get longer-term protection in place before the TRO's own window runs out.

Step three: the Protective Order, if the judge grants it

Under HRS 586-5.5, if the court finds after the hearing that the respondent has not shown cause why the order should be lifted, and that a protective order is necessary to prevent domestic abuse or a recurrence of abuse, the judge can issue a Protective Order for a further fixed, reasonable period. The statute specifically allows that period to extend past the date a protected minor turns 18, when the order is protecting a child. A Protective Order can include everything in the original TRO, plus other relief the court decides is necessary to prevent abuse, and it can later be extended if circumstances warrant.

What you can do in Hawaii

1. Contact the Family Court TRO Unit for your circuit. Based on Hawaii Judiciary self-help information, the TRO Units are reachable at: Oahu 808-538-5959; Maui 808-244-2706; Hawaii Island 808-969-7798; Kauai 808-482-2330. Offices are open roughly 7:45 a.m. to 4:15 p.m. on weekdays, except holidays.
2. Plan for the visit to take time. The Judiciary notes that completing a TRO application can take up to two hours, so go in when you can stay through the process rather than trying to fit it around a tight schedule.
3. Write out what happened in detail before you go. Because the standard is preponderance of the evidence, specific dates, descriptions of incidents, and any supporting evidence (texts, photos, medical or police records) strengthen the petition.
4. Ask the clerk to confirm you fit the "family or household member" definition in HRS 586-1 for the relationship at issue, since that determines whether Chapter 586 is the correct order to seek.
5. Calendar the show-cause hearing date the moment the TRO is granted — it must occur within 15 days — and show up prepared to present your evidence, since this is the hearing that determines whether protection continues beyond the TRO.
6. If a Protective Order is granted, keep a certified copy with you and understand it may include custody or visitation terms if children are involved, per HRS 586-5.5.

If you move, or the abuser is out of state

A Hawaii protective order does not stop working just because someone crosses state lines. Under the federal Violence Against Women Act, 18 U.S.C. §§ 2261A, 2262, and 2265, a valid protection order issued in one state, tribe, or territory must be honored and enforced in every other jurisdiction, as if it had been issued there. Those same federal statutes also make it a separate federal crime to cross state lines to stalk a partner or to violate a protection order — a federal backstop that exists on top of Hawaii's own enforcement of the order.

What the materials don't specify

The excerpts here cover the TRO, the hearing timeline, the Protective Order stage, the definitions, and the standard of proof, but they do not spell out every procedural detail — for example, the exact paperwork required, filing fees (if any), or how modification and enforcement work in full. For those specifics, confirm directly with your Family Court's TRO Unit or the courthouse clerk, since procedures can vary by circuit and by case.

This article is general information based on Hawaii statutes and Judiciary materials, not legal advice for your situation — talk to a Hawaii family law attorney or your local Family Court self-help center about your specific circumstances.