Hawaii Form Restraining Order PDF Details

Securing a restraining order in Hawaii can be a critical step toward ensuring one's safety and peace of mind. The Hawaii Restraining Order form, formally known as the Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment, serves as a legal barrier against those who pose a threat through harassment or violence. Designed to offer immediate and long-term protection, this comprehensive form includes sections requiring detailed information about both the petitioner and the respondent, such as addresses, contact details, and more sensitive information when available. It outlines the grounds on which the petitioner seeks protection, emphasizing the need to prevent contact, threats, physical harm, and harassment at the petitioner’s residence and workplace, including prohibitions on owning or possessing firearms. The document not only facilitates a request for an ex parte temporary restraining order, typically not exceeding ninety days, but also allows for the pursuit of an injunction that could extend up to three years, offering a longer duration of safety and security. Additionally, it addresses the compensation for reasonable attorney’s fees and any further relief deemed appropriate by the court. A declaration section must be completed by the petitioner, elaborating on the instances of harassment or threats, and asserting the truth of the claims under penalty of perjury. Following the petition, a temporary restraining order may be issued by the court, detailing the preliminary actions taken against the respondent, including a mandate not to possess firearms and to comply with specified restrictions until a formal hearing is held. This multi-faceted legal document plays a pivotal role in the judicial process of obtaining protection, capturing the necessary information for the court’s decision, and setting the stage for a hearing that will determine the necessity and scope of long-term protection against harassment.

QuestionAnswer
Form NameHawaii Form Restraining Order
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other nameshawaii restraining temporary, temporary hawaii restraining, hawaii petition injunction, form restraining injunction form

Form 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 HAWAII

 

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:

 

 

contacting, threatening, or physically harming

 

 

Petitioner(s)

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

 

telephoning the Petitioner(s)

 

 

 

 

entering or visiting Petitioner(s)’

residence, including yard and garage and

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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page 2 of 3

DECLARATION OF PETITIONER(S)

Petitioner(s) states the following is true:

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

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

Respondent(s)

own;

possess, or

intend to obtain or possess

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.)

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:

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

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:

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

Do not telephone Petitioner(s)

 

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

place of employment

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.

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.

ForallCivilrelatedmatters,pleasecallorvisittheDistrictCourtat:HiloDivision,777KilaueaAvenue,Hilo,Ph.(808)961-7515KohalaDivision,67-5187KamamaluStreet,Kamuela,Ph.(808)443-2030KonaDivision,79-1020HaukapilaStreet,Kealakekua,Ph.(808)322-8700.

Reprographics (07/11) RevaComm 508 Certified

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2. Your next step is usually to fill out these particular blanks: contacting threatening or, Petitioners, Any persons residing at, telephoning the Petitioners, entering or visiting Petitioners, residence including yard and, place of employment, b An order of an Injunction not to, Respondents behalf from committing, c An order prohibiting Respondents, appropriate, Date, tro, Signature of Petitioners, and PrintType Names.

hawaii temporary restraining completion process clarified (stage 2)

3. This third section should also be rather straightforward, Recent or past acts of harassment, Threats of harassment make it, own, possess or, intend to obtain or possess, firearms and or ammunition that may, Respondents q, Describe the firearmsammunition, Location of the firearmsammunition, Date last seen, Street addressspecific location, and Explain in detail recent or past - every one of these form fields is required to be completed here.

Completing section 3 of hawaii temporary restraining

4. Completing Unless Respondents wrongful, emotional distress, I have read the Petition and, knowledge and belief, I DECLARE UNDER PENALTY OF PERJURY, TION ARE TRUE AND CORRECT, THE PETITION, AND DECLARA, Signature of Petitioners, Date, PrintType Name, Reprographics, RevaComm Certified, and Page of is key in this stage - be sure to don't hurry and take a close look at each empty field!

RevaComm  Certified, Signature of Petitioners, and I DECLARE UNDER PENALTY OF PERJURY inside hawaii temporary restraining

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any persons residing at, residence including yard and, and YOUR BEHALF ARE ORDERED inside hawaii temporary restraining

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