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Overview

The Hawaii Restraining Order form is a critical legal document designed to provide immediate protection for individuals facing harassment or threats. This form encompasses various essential components, beginning with a petition for an ex parte temporary restraining order, which allows the court to act swiftly to prevent further harm. It enables petitioners to request protection for themselves and others residing in their home, prohibiting the respondent from contacting, threatening, or physically harming them. The form also seeks a longer-term injunction against harassment, which can last up to three years. Additionally, it addresses the issue of firearm possession, allowing the court to prohibit respondents from owning or possessing firearms during the restraining order's duration. The form requires detailed declarations from the petitioner, outlining past or potential acts of harassment, which must be substantiated with specific incidents. A notice of hearing is included, ensuring that respondents are informed of their obligation to appear in court. This structured approach aims to balance the need for immediate protection with the legal rights of all parties involved.

Document Preview Example

PETITION FOR EX PARTE TEMPORARY RESTRAINING

Form# 3DC51

 

ORDER AND FOR INJUNCTION AGAINST HARASSMENT;

 

DECLARATION OF PETITIONER; TEMPORARY RESTRAINING

 

ORDER AGAINST HARASSMENT; AND NOTICE OF HEARING

 

 

 

 

 

 

IN THE DISTRICT COURT OF THE THIRD CIRCUIT

 

 

 

DIVISION

 

 

 

 

 

STATE OF HAWAI‘I

 

Petitioner(s)

 

 

 

 

Reserved for Court Use

 

 

 

 

 

 

 

 

 

 

 

Civil No.

 

 

 

 

 

Respondent(s) (if known, list Address, Telephone, DOB and SSN

Petitioner(s)/Petitioner(s)’ Attorney (Name, Attorney Number,

for each respondent)

 

 

 

Firm Name (if applicable), Address, Telephone and Facsimile

 

 

 

 

Numbers)

 

 

PETITION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND FOR INJUNCTION AGAINST HARASSMENT

This Petition is made pursuant to Hawai‘i Revised Statutes section §604-10.5 and the following statement:

1. The Petitioner(s) is a resident(s) of the Division of the above District and Circuit, State of Hawai‘i.

 

2. Based upon the attached Declaration of Petitioner(s), Petitioner(s) ask(s) for

 

a. An ex parte temporary restraining order not to exceed a period of ninety (90) days for protection enjoining Respondent(s) and

any other person(s) acting on Respondent(s)’ behalf from:

 

 

ｑ＃ contacting, threatening, or physically harming

 

 

ｑ Petitioner(s)

ｑ Any person(s) residing at Petitioner(s) residence

 

ｑ telephoning the Petitioner(s)

 

 

 

 

ｑ entering or visiting Petitioner(s)’

ｑ residence, including yard and garage and

ｑ place of employment.

b. An order of an Injunction not to exceed a period of three (3) years, enjoining Respondent(s) and any other person(s) acting on

Respondent(s)’ behalf from committing those acts set forth in paragraph 2a. hereof.

 

c. An order prohibiting Respondent(s) from owning or possessing firearm(s) and/or ammunition.

 

d. An order awarding reasonable attorney’s fees and costs to Petitioner(s) and such further relief as the Court deems just and

appropriate.

 

 

 

 

 

 

 

 

 

 

 

Signature of Petitioner(s):

 

 

Date:

Print/Type Name(s):

 

 

 

 

 

 

 

 

tro

 

 

 

I certify that this is a full, true and correct

 

 

 

 

 

 

 

 

copy of the original on file in this office.

 

 

 

 

______________________________________________________

 

 

 

 

Clerk, District Court of the Above Circuit, State of Hawai‘i

 

 

 

 

 

 

Reprographics (07/11) RevaComm 508 Certified

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DECLARATION OF PETITIONER(S)

Petitioner(s) states the following is true:

ｑ

Recent or past act(s) of harassment occurred; and/or

ｑ

Threats of harassment make it probable that acts of harassment may occur soon.

Respondent(s)

ｑ own;

＃

ｑ possess, or

ｑ intend to obtain or possess

ｑ firearm(s) and or ammunition that may be used to threaten or injure Petitioner(s).

Describe the firearm(s)/ammunition: ______________________________________________________________________ .

Location of the firearm(s)/ammunition: ____________________________________________________________________ .

Date last seen:________________ .

Street address/specific location where last seen: ___________________________________________________________________ .

(Explain in detail recent or past acts or threats of harassment, using additional sheets, if necessary. Please include dates of events.)

ｑ Unless Respondent(s)’ wrongful conduct is stopped or prevented by order of the Court, Petitioner(s) will suffer substantial emotional distress.

I have read the Petition and Declaration, know their contents, and verify that the statements contained therein are true to my personal knowledge and belief.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAI‘I THAT THE FACTS AND CIRCUMSTANCES STATED IN THE PETITION AND DECLARATION ARE TRUE AND CORRECT.

Date:

Signature of Petitioner(s):

Print/Type Name:

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TEMPORARY RESTRAINING ORDER AGAINST HARASSMENT

(reserved for Court use only)

Based upon the attached Petition for Ex Parte Temporary Restraining Order and Declaration of Petitioner(s) and pursuant to Hawai‘i Revised Statutes §604-10.5, the Court finds there is probable cause to believe:

ｑ Recent or past acts of harassment by Respondent(s) have occurred.

ｑ Threats of harassment by Respondent(s) make it probable that acts of harassment may be imminent against Petitioner(s).

It appears to the Court that a Temporary Restraining Order should be granted and is necessary to prevent acts of harassment. Accordingly, IT IS ORDERED that Respondent(s) shall appear before the Judge in the above-entitled proceeding at the date, time and place indicated in the Notice of Hearing below. Pending the hearing on this Petition, Respondent(s) is/are ordered as follows:

TO THE RESPONDENT:

YOU AND ANYONE ACTING ON YOUR BEHALF ARE ORDERED AS FOLLOWS:

ｑ

Do not contact, threaten, or physically harass Petitioner(s) and ｑ any person(s) residing at Petitioner(s) residence

ｑ Do not telephone Petitioner(s)

 

ｑ

Do not enter or visit Petitioner(s)’ ｑ residence, including yard and garage, and

ｑ place of employment

ｑ Pursuant to HAWAI‘I REVISED STATUTES §134-7, you shall not possess or control any firearm(s) and/or ammunition for the duration of this Temporary Restraining Order.

ｑ You shall immediately turn over for safekeeping all firearms and/or ammunition in your possession and control to the Hawai‘i

County Police Department (any District Police Station in Hawai‘i County), for the duration of this Order or any extension thereof.

This Order becomes effective upon its signing and filing and shall remain in effect for fifteen (15) days, unless extended or terminated by the Court.

ANY KNOWING OR INTENTIONAL VIOLATION OF THIS TEMPORARY RESTRAINING ORDER AGAINST HARASSMENT IS A MISDEMEANOR PUNISHABLE BY A JAIL SENTENCE OF UP TO ONE YEAR AND/OR UP TO A $2,000 FINE.

A SENTENCE OF 48 HOURS JAIL FOR A SECOND CONVICTION AND 30 DAYS JAIL FOR ANY SUBSEQUENT CONVICTION(S) IS MANDATORY. [HAWAI‘I REVISED STATUTES §604-10.5, §706-663 AND §706-640].

Date:

Judge of the above-entitled Court

NOTICE OF HEARING

TO _________________________________________________________________________

__________________________________________________________________________________________________________________

NOTICE IS GIVEN that the Petitioner(s) above named has/have filed the foregoing Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment.

YOU ARE COMMANDED to appear before the Presiding Judge of the above-entitled Court, the District Court of the above Circuit.

at _____________________________________________________________________________________________________________ ,

on ____________________________________________________________________________ , 20 ____ at ______ o’clock ____ .M.

Prior to the scheduled hearing date, you or your attorney may file a written response explaining, justifying, or denying the alleged at or acts of harassment. At the hearing, the parties shall be prepared to testify, call and examine witnesses, present any documents, and give legal or factual reasons why the Injunction should or should not be granted. Each party may be represented by an attorney and shall be prepared to proceed at the hearing. IF YOU OR YOUR ATTORNEY FAIL TO ATTEND AT THE TIME AND PLACE DESIGNATED, AN ORDER

GRANTING PETITION FOR INJUNCTION AGAINST HARASSMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION.

The Court shall receive all evidence that is relevant at the hearing, and may make independent inquiry. If the Court finds by clear and con-

vincing evidence that harassment by Respondent(s) in the form of physical harm, bodily injury, assault, of the threat of imminent physical harm, bodily injury to Petitioner(s) exists, it may enjoin for no more than three years further harassment by Respondent(s). If the court finds by clear and convincing evidence that harassment by Respondent(s) in the form of an intentional or knowing course of conduct directed at Petitioner(s) that seriously alarms or disturbs consistently or continually bothers Petitioner(s) and that serves no legitimate purpose exists, and such course of conduct would cause a reasonable person to suffer emotional distress, the court shall enjoin for no more than three years, further harassment by Respondent(s).

This Order shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a judge of the above-entitled Court permits, in writing on this Order, personal delivery during those hours.

Date:

Clerk of the above-entitled Court

In accordance with the Americans with Disabilities Act , and other applicable State and Federal laws, if you require an accommodation for your disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. (808) 961-7424, FAX (808) 961-7411, or TTY (808) 961-7422 at least (10) working days before your preceeding, hearing, or appointment date.

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How to Fill Out Hawaii Restraining Order

Once you have decided to pursue a restraining order in Hawaii, filling out the necessary form is your next step. This process involves providing detailed information about your situation and the respondent. Follow the steps below to ensure that your petition is completed accurately.

  1. Begin with the Petitioner(s) section. Fill in your name(s) and any other relevant information as required.
  2. In the Respondent(s) section, list the name(s) of the person(s) you are seeking the restraining order against. If known, include their address, telephone number, date of birth, and social security number.
  3. Provide your contact information in the Petitioner(s)/Petitioner(s)’ Attorney section. Include your attorney's name and number if applicable.
  4. In the Petition for Ex Parte Temporary Restraining Order section, check the boxes that apply to your situation. Specify the actions you want the court to prevent, such as contacting or threatening you.
  5. Next, indicate whether you want an injunction for a period not to exceed three years and whether you seek an order regarding firearms possession.
  6. Sign and date the form in the Signature of Petitioner(s) section. Print or type your name as well.
  7. Move on to the Declaration of Petitioner(s) section. Here, describe the recent or past acts of harassment and any threats made by the respondent. Include specific details and dates.
  8. If applicable, provide information about any firearms or ammunition the respondent may possess, including location and last seen date.
  9. Complete the declaration by signing and dating the section that states you declare under penalty of perjury that your statements are true.
  10. Finally, leave the Temporary Restraining Order Against Harassment and Notice of Hearing sections blank, as these will be filled out by the court.

After completing the form, submit it to the appropriate district court in Hawaii. The court will review your petition and schedule a hearing. Be prepared to present your case, including any evidence or witnesses that support your request for a restraining order.

Common mistakes

Filling out the Hawaii Restraining Order form can be a crucial step in seeking protection from harassment. However, many individuals make common mistakes that can hinder their case. One frequent error is failing to provide complete and accurate information. Each section of the form must be filled out thoroughly, including details about the petitioner and respondent. Omitting crucial information, such as the respondent's address or contact details, can delay the process or result in the petition being dismissed.

Another common mistake is not including specific incidents of harassment. The form requires a detailed account of the harassment, including dates, locations, and descriptions of the events. Vague statements or generalizations can weaken the petition. Providing clear and specific examples helps the court understand the severity of the situation and the need for a restraining order.

Some individuals also overlook the importance of signing and dating the petition. A signature is not just a formality; it signifies that the petitioner has read and understood the contents of the form. Without a signature, the court may reject the petition outright. Additionally, failing to date the petition can create confusion regarding when the events occurred and when the petition was filed.

Another mistake people make is not preparing for the hearing. Once the petition is filed, a hearing is scheduled where both parties can present their case. Many petitioners arrive unprepared, lacking necessary documentation or witnesses to support their claims. Being ready to provide evidence and articulate the situation clearly can significantly influence the court's decision.

Lastly, individuals often underestimate the importance of seeking legal advice. While the form can be filled out without an attorney, having legal guidance can help avoid pitfalls and ensure that the petition is as strong as possible. An attorney can provide insights into the process, assist with the paperwork, and represent the petitioner during the hearing, enhancing the chances of a favorable outcome.

Documents used along the form

When seeking a restraining order in Hawaii, several forms and documents accompany the primary petition. Each of these documents plays a crucial role in ensuring that the court has all the necessary information to make an informed decision. Below is a list of key documents often used alongside the Hawaii Restraining Order form.

  • Declaration of Petitioner: This document allows the petitioner to provide a detailed account of the harassment or threats they have experienced. It serves as a sworn statement, affirming the truth of the claims made in the petition.
  • Temporary Restraining Order Against Harassment: This is a court-issued order that provides immediate protection to the petitioner. It outlines specific prohibitions against the respondent, such as contacting or approaching the petitioner.
  • Notice of Hearing: This document informs the respondent of the scheduled court hearing regarding the petition. It specifies the date, time, and location where the respondent must appear to address the allegations.
  • Response to Petition: The respondent may file this document to contest the allegations made by the petitioner. It allows them to present their side of the story and provide any evidence or arguments against the claims.
  • Order Granting Injunction: If the court finds sufficient evidence of harassment, this order formally enjoins the respondent from engaging in certain behaviors for a specified period, typically up to three years.
  • Statement of Fact Texas: This document serves to certify specific vehicle transaction details in Texas, making it essential for proper compliance. For more information, visit Texas Documents.
  • Service of Process Form: This document is used to confirm that the respondent has been officially notified of the restraining order and any related court proceedings. Proper service is critical for the court's jurisdiction over the respondent.
  • Motion to Extend or Modify Order: If the petitioner needs additional time or changes to the existing restraining order, this motion can be filed. It outlines the reasons for the requested modifications and must be supported by evidence.

Each of these documents is integral to the process of obtaining and enforcing a restraining order in Hawaii. Understanding their purposes can help individuals navigate the legal system more effectively and ensure their safety.

Other PDF Forms

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Hawaii Corporation Commission - Ensure the corporation's status is eligible for dissolution as per state statutes.

Obtain Answers on Hawaii Restraining Order

  1. What is a Hawaii Restraining Order?

    A Hawaii Restraining Order is a legal document issued by a court to protect individuals from harassment or threats. It can prohibit the person named in the order from contacting, threatening, or physically harming the petitioner. The order can be temporary or last for a longer period, depending on the circumstances.

  2. How do I apply for a Restraining Order in Hawaii?

    To apply for a Restraining Order, you need to fill out the Petition for Ex Parte Temporary Restraining Order form. This form requires information about yourself, the respondent, and the harassment you have experienced. You must also provide a declaration detailing the incidents. Once completed, submit the form to the District Court in your area.

  3. What happens after I file the Petition?

    After you file the Petition, the court will review it. If the court finds enough evidence of harassment, a temporary restraining order may be issued. You will then receive a Notice of Hearing, which informs you and the respondent of the date and time for a court hearing. Both parties will have the opportunity to present their case.

  4. How long does a Restraining Order last?

    A temporary restraining order typically lasts for 15 days. However, it can be extended if the court finds it necessary. If the court grants a longer-term injunction, it can last for up to three years. The specific duration will depend on the details of your case and the court's decision.

  5. What are the consequences of violating a Restraining Order?

    Violating a Restraining Order is a serious offense. It is considered a misdemeanor and can result in a jail sentence of up to one year and/or a fine of up to $2,000. Additionally, subsequent violations may lead to mandatory jail time. It is crucial to comply with all terms of the order to avoid these penalties.

Document Attributes

Fact Name Fact Description
Governing Law The Hawaii Restraining Order form is governed by Hawaii Revised Statutes §604-10.5.
Form Purpose This form is used to petition for an ex parte temporary restraining order and injunction against harassment.
Duration of Order The temporary restraining order can last up to 90 days, while the injunction may last up to three years.
Petitioner Requirements Petitioners must be residents of the district and circuit where they file the petition.
Respondent Restrictions The order prohibits respondents from contacting or threatening the petitioner and others residing at their home.
Firearm Prohibition The order can prohibit respondents from owning or possessing firearms and ammunition during its duration.
Legal Representation Both parties may be represented by an attorney at the hearing regarding the petition.
Consequences of Violation Violating the restraining order can result in misdemeanor charges, with potential jail time and fines.

Misconceptions

Misconception 1: A restraining order is only for physical violence.

This is not true. Restraining orders can also address harassment, threats, and emotional abuse. They provide protection from a range of behaviors that cause distress, not just physical harm.

Misconception 2: You need an attorney to file for a restraining order.

While having an attorney can be helpful, it is not a requirement. Individuals can file for a restraining order on their own by completing the necessary forms, such as the Petition for Ex Parte Temporary Restraining Order.

Misconception 3: Restraining orders are permanent.

Restraining orders are not permanent. An ex parte temporary restraining order typically lasts for a short period, often up to 90 days. After that, a hearing will determine whether a longer-term injunction is appropriate, which can last up to three years.

Misconception 4: The respondent will always be present at the hearing.

Not necessarily. If the respondent fails to appear at the scheduled hearing, the court can still issue a ruling based on the evidence presented by the petitioner. It is crucial for the petitioner to be prepared to provide all necessary information.

Misconception 5: A restraining order guarantees complete safety.

A restraining order is a legal tool intended to provide protection, but it does not guarantee safety. It is essential for individuals to take additional precautions and seek support from law enforcement and community resources.

Misconception 6: Restraining orders are easy to obtain without justification.

Obtaining a restraining order requires a legitimate basis. The petitioner must provide evidence of harassment or threats. The court will assess the situation and determine whether there is probable cause to issue the order.

Key takeaways

Filling out and using the Hawaii Restraining Order form requires careful attention to detail. Here are some key takeaways to consider:

  • Ensure that all personal information is accurate. This includes names, addresses, and contact details for both the petitioner and the respondent.
  • Clearly describe the harassment or threats in the declaration section. Specific details can strengthen your case.
  • Understand the different types of protection available. The form allows for temporary restraining orders and longer-term injunctions.
  • Be aware of the consequences of violating the restraining order. Violations can lead to serious legal repercussions, including fines and jail time.
  • Attend the scheduled hearing. Failing to appear can result in the court granting the order without your input.