Restraining orders can be useful if a person is harassing, threatening or stalking you and you want the person to stay away from you. A restraining order provides legal consequences to the person if he or she continues to harass or threaten you.
In Hawaii, there are two types of restraining orders: Family Court Protective Orders and District Court Protective Orders. A Family Court Protective Order is appropriate if the harassing person is a family member, has lived with you or had a relationship with you. If the person is not a family member, has not lived with you and has not been in a relationship with you, a District Court Protective Order may be appropriate.
A restraining order is not difficult to obtain and requires going to the courthouse to fill out paperwork which explains to a judge why you need one. After a restraining order is granted, the judge will usually set a court hearing within 15 days. At the court hearing, the judge will hear both sides of the story and decide whether the restraining order should continue. It may be helpful to have an attorney represent you at the court hearing and negotiate the terms of the restraining order, especially if the other person has an attorney.
If you need assistance obtaining a restraining order or if you have been served with a restraining order, contact our office today for a free consultation to see how we can help.