Temporary Restraining Orders


Family Court TROs

The Process

If you’re either a victim of abuse or accused of abuse, a temporary restraining order action may be initiated. Whether initiating an action or defending against a TRO, you’ll be given a court date, at which time a family court judge will determine whether to dismiss or uphold the TRO.

The Standard

Family Court TROs 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

At the courthouse, you’ll have to wait for your case to be called. Whether 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

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

The Process

If you’re either a victim of abuse or accused of abuse, a temporary restraining order action may be initiated. Whether initiating an action or defending against a TRO, you’ll be given a court date, at which time a district court judge will determine whether to dismiss or uphold the TRO.

The Standard

In order to uphold a TRO, 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.

At the Courthouse

At the courthouse, you’ll have to wait for your case to be called. Whether 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

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.

Frequently Asked Questions