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Temporary Restraining Order
Who is Eligible?
You are eligible for this type of restraining order if you have lived with the abuser or some time in the past and have recently been the victim of abuse and/or threat of abuse by the abuser.
When is the Restraining Order Granted?
A Temporary Restraining Order (TRO) is granted after a judge reviews and signs the petition. You will receive a copy, and two copies will go to the Police Department, one to be served to the respondent and one for the police to keep on file. Be sure to always have your certified TRO in your immediate possession. Once the responsible is served, he/she becomes accountable to follow the restrictions found in the TRO.
What Happens Next?
A court hearing will be set within 15 days from the time the initial order is granted. You and the abuser are expected to be present. Sometimes the respondent may be represented by an attorney at the hearing. You may want to consult with the agency that assisted you in filing for the TRO on how best to proceed. If the judge determines the restraining order is necessary for your protection and welfare, the TRO then becomes an “Order of Protection” that can extend from a few months to as long as a period of years.
Family Court Temporary Restraining Orders
For assistance with preparing a Family Court Temporary Restraining Order you may contact Monday to Friday, 8 a.m. to 4 p.m.:
- Women Helping Women at 808-242-0775 or 808-446-7379 (Wailuku), 808-661-7111 (Lahaina), 808-866-2852 (Hana); or 808-565-6700. (Lanai) www.WomenHelpingWomenMaui.com
- 24-hour crisis hotline: 808-579-9581
- Maui Family Peace Center / Parents and Children Together (FPC/PACT) 808-243-7001
- Maui Family Peace Center / Domestic Violence Prevention & Intervention
- Molokai Alternatives to Violence (MATV) 808-553-3244
Forms and instructions can also be found at:
Any questions or for further assistance, please contact the Judiciary's Service Center at 808-244-2706 Monday to Friday (except state holidays) from 7:45 a.m. to 4:30 p.m.
District Court Temporary Restraining Orders
District Court restraining orders are considered civil matters for non-intra familial cases.
Applications are obtained at the District Court Clerk's Office.
Call (808) 244-2838 for the appropriate location according to your place of residence.
On the application, you must document the reasons for requesting the restraining order. Documentation should include:
- Specific incidents such as harassment and telephone calls
- Emotional distress caused
The District Court Clerk will transmit the written documentation for a judge's approval and signature.
- You will receive one copy and the respondent (the person restrained) will receive one. Be sure to always have your temporary restraining order in your immediate possession.
- A court date will be set within 15 days, at which time both you and the respondent must be present. The judge will then decide if revisions are needed. The order can be in effect for six months to three years.
Fees
- There is a $25 fee for filing the document.
- Additional charges include the service fee of $15 per respondent plus mileage.
Forms and instructions can also be found at:
Any questions or for further assistance, please contact the Judiciary's Service Center at 808-244-2706 Monday to Friday (except state holidays) from 7:45 a.m. to 4:30 p.m.