MAUI RESTRAINING ORDER ATTORNEY

• District court protective orders
• Family court protective orders

District Court Protective Orders

These orders are issued against individuals who are not related to or have a relationship with an alleged victim. These protective orders can be initiated without having to inform the other party. In order to obtain a temporary restraining order (TRO) against a non-family member (ie a neighbor or stranger), an alleged victim must fill out the necessary forms either before or at the district court. If the court grants the TRO, the order is valid for up to 15 days or until the next court hearing is held.

Family Protective Orders

An alleged victim can contact the local family court right after a domestic violence incident. A TRO court officer will help victims prepare the necessary documents to submit to the judge for review.

When a judge grants a victim a TRO, a show-cause court hearing will be scheduled within fifteen days. If the judge at the show cause hearing (OSC hearing) rules in favor of the alleged victim, the TRO will be extended or the victim will be granted a Protective Order, which can last for any reasonable amount of time the judge deems appropriate.

At the Temporary Restraining Order/Injunction hearing, both parties have an opportunity to present their case and evidence. If the judge sides with the alleged victim, the TRO will be extended beyond 90 days or they will be granted an Injunction Against Harassment. This Injunction can last for a maximum of three years but can be longer if it is violated within those 3 years.

Restraining Order Violations

If someone violates a TRO, they will be charged with a misdemeanor punishable by a mandatory minimum of 48 hours in jail and a fine. A second violation of a TRO is punishable by a mandatory minimum of 30 days in jail and larger fines.