Domestic Violence Protection Order - Hawaii

Proposed order for court review: This document is an unsigned draft of a full order after hearing. Use the petition form for the assigned circuit when requesting protection. The Judiciary lists 1F-P-752a for a First Circuit petition and 3F-P-302 for a Third Circuit petition. Confirm the court's current proposed-order form and procedure before submitting this draft; it takes effect only if the court issues it.

IN THE FAMILY COURT OF THE [CIRCUIT] CIRCUIT

STATE OF HAWAIʻI

DOMESTIC ABUSE PROTECTIVE ORDER
(Full Order After Hearing – Haw. Rev. Stat. ch. 586)

Case No.: [CASE NUMBER]
Judge: [ JUDGE NAME ]
Filed Date: [ FILING DATE ]
Effective Date/Time: [ EFFECTIVE DATE ] at [ TIME ]
Expiration Date/Time: [ EXPIRATION DATE ] at 11:59 p.m. HST, unless otherwise ordered.

Petitioner(s): [ PETITIONER LEGAL NAME(S) ]
Respondent: [ RESPONDENT LEGAL NAME ]
Protected Child(ren): [ MINOR CHILDREN NAMES / DOBs ]

Service to be made / enforced by: [ LAW-ENFORCEMENT AGENCY ]

TABLE OF CONTENTS

1. Findings of Fact & Jurisdiction
2. Definitions

3. Operative Protective Provisions
   3.1 No-Abuse Injunction
   3.2 Stay-Away & No-Contact Provisions
   3.3 Exclusive Possession of Residence
   3.4 Temporary Custody, Visitation, & Support
   3.5 Firearms & Dangerous Weapons Prohibition
   3.6 Treatment, Counseling, & Related Orders
   3.7 Law-Enforcement Facilitation

4. Duration, Modification, & Termination

5. Notices, Service, & Entry into NCIC
6. Penalties for Violation
7. Continuing Jurisdiction & Venue
8. General Provisions
9. Execution & Certification

1. FINDINGS OF FACT & JURISDICTION

1.1 Authority. This Order is issued under Haw. Rev. Stat. §§ 586-1 et seq.

1.2 Personal & Subject-Matter Jurisdiction.
a. Petitioner resides or is present in the [CIRCUIT] Circuit, State of Hawaiʻi.
b. Respondent was personally served or appeared and was provided an opportunity to be heard.
c. This proceeding is a petition for an order for protection in a case of domestic abuse under Haw. Rev. Stat. § 586-3, over which the Family Court has jurisdiction.

1.3 Findings. After hearing and review of evidence, the Court finds, by a preponderance of the evidence, that Respondent committed “abuse” as defined in Haw. Rev. Stat. § 586-1 against Petitioner and/or the Protected Child(ren), and that issuance of this Order is necessary to prevent further abuse.

2. DEFINITIONS

For purposes of this Order:

“Abuse” – As defined in Haw. Rev. Stat. § 586-1, including but not limited to physical harm, bodily injury, assault, or the threat thereof; extreme psychological abuse; coercive control; and malicious property damage between family or household members.

“Contact” – Any direct or indirect communication, including in person, by telephone, text, e-mail, social media, third-party intermediary, or any other means.

“Protected Parties” – Collectively, Petitioner, the minor child(ren) identified above, and any additional individuals expressly listed in Section 3.2(g).

“Residence” – The dwelling located at [ STREET ADDRESS / UNIT / CITY / ZIP ] or any subsequent dwelling provided written notice to Respondent in accordance with Section 5.2.

“Respondent” – [ RESPONDENT LEGAL NAME ], date of birth [ DOB ], last known address [ ADDRESS ].

3. OPERATIVE PROTECTIVE PROVISIONS

3.1 No-Abuse Injunction
Respondent SHALL NOT molest, physically abuse, threaten, harass, or otherwise commit or attempt to commit “abuse” against any Protected Party.

3.2 Stay-Away & No-Contact Provisions
a. Physical Distance. Respondent shall stay at least ☐ feet from each Protected Party, their Residence, place of employment, school(s), and childcare facilities.
b. Prohibited Contact. Respondent shall have no contact with any Protected Party, except as expressly permitted in Section 3.4 (child-visitation exchanges) or by further written order of this Court.
c. Indirect Contact. Respondent shall not cause or encourage any third party to contact a Protected Party on Respondent’s behalf.
d. Digital/Social Media. Respondent shall not reference or communicate with any Protected Party on social-media platforms.
e. Limited Exception – Counsel. Communications strictly between licensed attorneys representing the parties are permitted.
f. Law-Enforcement Escort. Pursuant to Section 3.7, Respondent may retrieve personal effects from the Residence only once, with prior law-enforcement escort and at a time mutually arranged.
g. Additional Protected Individuals (if any): [ NAMES ].

3.3 Exclusive Possession of Residence
a. Petitioner is granted exclusive temporary possession of the Residence.
b. Respondent shall vacate immediately and may not return except under law-enforcement escort as stated above.
c. Changing Locks. Petitioner may change locks or security codes without notice to Respondent.

3.4 Temporary Custody, Visitation, & Support (complete only if applicable)
a. Custody. Temporary sole physical and legal custody of the minor child(ren) is awarded to Petitioner.
b. Visitation. Supervised visitation is permitted as follows:
• Location: [ SUPERVISED VISITATION CENTER ]
• Frequency/Duration: [ DETAILS ]
• Supervisor: [ NAME/AGENCY ]
c. Child Support. Respondent shall pay interim child support in the amount of $[ AMOUNT ] per [ WEEK/MONTH ], commencing [ DATE ], via the Child Support Enforcement Agency.
d. No Negative Statements. Neither party shall make derogatory remarks about the other in the presence or hearing of the child(ren).

3.5 Firearms & Dangerous Weapons Prohibition
a. Prohibition. Respondent is prohibited from owning, possessing, receiving, or controlling any firearm or ammunition while subject to this Order, pursuant to Haw. Rev. Stat. § 134-7(f).
b. Surrender. Within 48 hours of service of this Order, Respondent shall surrender all firearms, ammunition, and permits to [ LAW-ENFORCEMENT AGENCY ] for safekeeping.
c. Certification. Respondent shall file proof of surrender within 48 hours after surrender.
d. Restoration. Upon expiration or dismissal of this Order, Respondent may seek return of surrendered items consistent with Haw. Rev. Stat. § 134-7.

3.6 Treatment, Counseling, & Related Orders
Respondent is ordered to attend and complete a State-approved domestic-violence intervention program of at least ☐ weeks and shall provide written proof of enrollment within 10 days.

3.7 Law-Enforcement Facilitation
a. Service. The [ LAW-ENFORCEMENT AGENCY ] shall serve Respondent with this Order forthwith and file a Return of Service.
b. NCIC. Upon entry, this Order shall be transmitted without delay to the Hawaiʻi Criminal Justice Data Center for inclusion in the National Crime Information Center (NCIC) protective-order file.
c. Enforcement. A knowing or intentional violation of this Order is a misdemeanor under Haw. Rev. Stat. § 586-11. Where a violation involves physical abuse of a family or household member, any Hawaiʻi law-enforcement officer may arrest Respondent, with or without a warrant, upon reasonable grounds to believe such abuse occurred, regardless of whether it occurred in the officer’s presence (Haw. Rev. Stat. § 709-906(2), (4)). This Order is entitled to enforcement in other jurisdictions under 18 U.S.C. § 2265.

4. DURATION, MODIFICATION, & TERMINATION

4.1 Term. This Order shall remain in full force until the Expiration Date in the header. Under Haw. Rev. Stat. § 586-5.5, the Court may issue or continue a protective order for such fixed reasonable period as it deems appropriate — which, where the Order protects a minor, may extend to a date after the minor reaches eighteen years of age — unless sooner modified, extended, or dissolved by order of this Court. (Hawaiʻi law sets no fixed statutory maximum term.)

4.2 Extension. Prior to expiration, Petitioner (or any person or agency able to petition under Haw. Rev. Stat. § 586-3) may file a motion to extend; after a hearing, the Court may grant an extension upon a finding of good cause, without requiring additional acts of abuse (Haw. Rev. Stat. § 586-5.5(b)).

4.3 Modification or Dissolution. Either party may move, with notice, for modification or dissolution pursuant to Haw. Rev. Stat. § 586-5.5. No oral modifications are valid.

4.4 Automatic Termination on Certain Events. Sections 3.4 (support) shall terminate automatically upon entry of a final family-court order addressing the same subject matter, unless expressly preserved.

5. NOTICES, SERVICE, & ENTRY INTO NCIC

5.1 Addresses for Notice. Each party shall keep the Clerk and opposing party’s counsel informed in writing of any change of residence or mailing address within 48 hours. P.O. Boxes are acceptable for Petitioner’s mailing purposes.

5.2 Service on Respondent. Any motion or notice under this Order may be served via the address of record or through Respondent’s counsel of record by hand delivery, certified mail, or e-mail (if agreed by counsel).

5.3 NCIC Entry. The Clerk shall ensure transmission of this Order and any amendments to NCIC and the Statewide Restraining Order File without undue delay.

6. PENALTIES FOR VIOLATION

6.1 Criminal Liability. A knowing or intentional violation of this Order is a misdemeanor under Haw. Rev. Stat. § 586-11. The court shall order a domestic-violence program assessment and completion of the intervention or anger-management course determined by that program. For a first conviction under this section, the statute sets at least five (5) days in jail and a $300–$500 fine. A conviction for violating a temporary restraining order issued under the same case number counts as a prior violation. For a second or later conviction after a conviction for violating the same protective order or its same-case temporary restraining order, the statute sets at least forty-five (45) days in jail and a $500–$1,000 fine. The court shall not impose a fine if it determines on the record that the defendant cannot or will not be able to pay it. Section 586-11 also permits suspension of a jail sentence under its stated terms and a stay for special circumstances.

6.2 Arrest Authority. Where a violation of this Order involves physical abuse of a family or household member, a police officer may arrest Respondent, with or without a warrant, upon reasonable grounds to believe such abuse occurred, regardless of whether it occurred in the officer’s presence (Haw. Rev. Stat. § 709-906(2), (4)).

6.3 Contempt & Civil Sanctions. Independent of criminal penalties, the Court may find Respondent in civil or criminal contempt, impose fines, or modify custody/visitation terms.

7. CONTINUING JURISDICTION & VENUE

The Family Court of the [CIRCUIT] Circuit retains exclusive, continuing jurisdiction over enforcement, modification, and interpretation of this Order. Hawaiʻi law governs all matters herein.

8. GENERAL PROVISIONS

8.1 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

8.2 Integration. This Order constitutes the entire protective order between the parties; any prior oral or written orders inconsistent herewith are superseded.

8.3 Copies. Certified copies of this Order shall be provided to Petitioner, Respondent, the serving agency, and any school or childcare provider upon Petitioner’s request.

8.4 Electronic Signatures. This Order may be signed electronically; an electronic or facsimile signature has the same force and effect as an original.

9. EXECUTION & CERTIFICATION

Dated: [ DATE ]
Hon. [ JUDGE NAME ]
Judge of the Family Court
[ CIRCUIT ] Circuit, State of Hawaiʻi

Acknowledgment of Respondent (optional but recommended)

I, [ RESPONDENT NAME ], acknowledge receipt of this Order and understand its terms.

Signature: ________________________ Date: ____________

Certificate of Service

I certify that on [ DATE ] a true and correct copy of this Order was served upon Respondent as follows:

☐ Personal service by [ NAME / BADGE NO. ] ☐ Certified mail ☐ Other: [ METHOD ]

Signature: ________________________ Date: ____________

Name & Title: _____________________