Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however. there is a similar general process that most states follow when dealing with domestic violence. 

Family Court Order of Protection

Hawaii law defines domestic violence as physical harm, bodily injury, assault, threat of physical harm or assault, extreme psychological abuse, or malicious property damage by a family or household member.  The court will look at the relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

Hawaii law provides for a family court order of protection for victims of domestic abuse.  There are two types of orders: a temporary restraining order and a final order of protection.  A temporary order may be given to you on the day you file your Petition for an Order of Protection if the judge believes you are in imminent danger.  A permanent order of protection cannot be issued until the alleged abuser is given a chance to give his or her side of the story.  The temporary order of protection will be issued for the length of time that you have to wait until your hearing, which is generally within 15 days.

After you file your Petition for an Order of Protection, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are given a chance to give your respective sides of the story, the judge will decide whether or not to issue a permanent order of protection.  If your petition is granted, it will run as long as the presiding judge feels is necessary for the protection of you and your children.

If, after your hearing, you are granted a final order of protection, it is likely to order the abuser to do the following things: have no contact with you, your children, or any person living with you; stay away from your residence and workplace, as well as your children's school and child care facility; surrender any and all firearms and firearm identification cards; participate in domestic violence intervention counseling; and stay away from any animals you may own.  The specifics of these provisions, as well as any other that the court deems necessary to protect you and your children will depend on the facts surrounding the case.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Hawaii who have been victims of domestic violence can be found here.