The Hawaii Restraining Order form is a legal document that allows individuals to seek protection from harassment. This form is used to request a temporary restraining order, which can prevent the alleged harasser from contacting or approaching the victim. Understanding how to properly fill out and submit this form is crucial for anyone seeking to ensure their safety and well-being.
In the beautiful state of Hawai‘i, individuals seeking protection from harassment can utilize the Hawaii Restraining Order form, specifically designed to address urgent safety concerns. This legal document allows petitioners to request an ex parte temporary restraining order, providing immediate relief by prohibiting any contact, threats, or physical harm from the respondent. Within the form, crucial details are outlined, such as the petitioner's declaration, which must affirm recent or past acts of harassment and any potential threats that may arise. The form also includes provisions for a longer-term injunction, lasting up to three years, should the court find sufficient evidence of harassment. Additionally, it addresses firearm possession, ensuring that respondents may be prohibited from owning or controlling firearms during the duration of the order. The process culminates in a notice of hearing, where both parties can present their cases before a judge, ensuring that all evidence is duly considered. This form is not just a piece of paper; it represents a vital step towards safeguarding individuals and restoring peace in their lives.
When filling out the Hawaii Restraining Order form, individuals often make mistakes that can affect the outcome of their petition. One common error is failing to provide complete information about the respondent. This includes not listing the respondent's address, telephone number, or other identifying details. Incomplete information can hinder the court's ability to serve the respondent and may delay the process.
Another mistake involves not clearly describing the incidents of harassment. Petitioners should provide specific details about the events that led to the request for a restraining order. Vague descriptions can weaken the case, as the court requires clear evidence of harassment or threats to grant the order.
Some individuals neglect to sign the petition. A signature is essential for the document to be considered valid. Without it, the court may reject the application outright, causing unnecessary delays. Additionally, failing to date the form can lead to confusion about when the petition was filed.
Another frequent oversight is not including sufficient evidence to support the claims made in the petition. Attachments such as photographs, text messages, or police reports can strengthen the case. Without adequate evidence, the court may find it challenging to justify issuing a restraining order.
Many people also overlook the importance of attending the hearing. If a petitioner fails to appear, the court may dismiss the case, resulting in a missed opportunity for protection. It's crucial to understand the hearing date and prepare accordingly.
Finally, some individuals do not seek legal advice before submitting their petition. While it is possible to fill out the form independently, consulting with an attorney can provide valuable guidance. Legal professionals can help clarify the process and ensure that all necessary information is included, ultimately increasing the likelihood of a successful outcome.
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 HAWAI‘I
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:
ｑ＃ contacting, threatening, or physically harming
ｑ Petitioner(s)
ｑ Any person(s) residing at Petitioner(s) residence
ｑ telephoning the Petitioner(s)
ｑ entering or visiting Petitioner(s)’
ｑ residence, including yard and garage and
ｑ 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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3d-P-250
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DECLARATION OF PETITIONER(S)
Petitioner(s) states the following is true:
ｑ
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)
ｑ own;
＃
ｑ possess, or
ｑ intend to obtain or possess
ｑ 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.)
ｑ 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.
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:
ｑ Recent or past acts of harassment by Respondent(s) have occurred.
ｑ 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 ｑ any person(s) residing at Petitioner(s) residence
ｑ Do not telephone Petitioner(s)
Do not enter or visit Petitioner(s)’ ｑ residence, including yard and garage, and
ｑ place of employment
ｑ 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.
ｑ 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].
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.
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.
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