Temporary Restraining Orders
If you’re either a victim of abuse or accused of abuse, a temporary restraining order on Maui may be legally filed.
A TRO is a legal order issued by a court to protect a person in a situation involving alleged abuse after someone requests the court’s protection.
Temporary restraining orders on Maui are typically issued to prevent domestic violence, protect victims against stalking, sexual assault or even harassment.
Our attorneys on Maui have extensive experience working with victims of abuse and are able to assist you with family court temporary restraining orders or district court TRO cases.The legal team at Lowenthal & Lowenthal is here to offer the legal information you require and guide you through the process of filing temporary restraining orders on Maui.
Family Court Temporary Restraining Orders on Maui
Whether you’re initiating an action or defending against a temporary restraining order on Maui, you’ll be given a court date, at which time a family court judge will determine whether to dismiss or uphold the TRO.
Family Court Temporary Restraining Orders on Maui involve those defined as “family or household members” or those in a “dating relationship”. In order to uphold a TRO, a family court judge must find by a preponderance of the evidence that acts of domestic abuse have occurred.
At the courthouse, you’ll have to wait for your case to be called. Whether you are the petitioner or respondent, you can introduce evidence to either support or rebut the allegations. You’ll need to follow the Hawaii Rules of Evidence, as well as all courtroom proceedings.
After Court, you may have an order of protection for or against you. In certain situations, the order can be modified and even dismissed. Violation of the order may also result in criminal proceedings.
District Court TROs on Maui
The process of initiating a temporary restraining order action is similar to filing Family Court temporary restraining orders on Maui. When you choose to proceed with legal action, you’ll be
given a court date, at which time a district court judge will determine whether to dismiss or uphold the TRO. The Hawaii Rules of Evidence are followed in District Court TROs as well.
To uphold a temporary restraining order on Maui, a district court judge must find by clear and convincing evidence that acts of abuse have occurred. Also, unlike Family Court TROs, a district court judge may order that the losing party pay the prevailing party’s attorneys fees and costs.
Just like Family Court temporary restraining orders, the order can be modified or dismissed. Any violation of the order could lead to criminal proceedings.