What is a restraining order?

A restraining order is a court-issued order that requires a person to stop engaging in a particular activity, such as contacting or coming near another person or group. In Hawaii, a restraining order is typically granted in cases of harassment, stalking, or domestic violence. Restraining orders can be issued in both criminal and civil court. In criminal court, the judge may grant an order after a person has been charged with a crime such as stalking or domestic violence. This type of order may be issued as part of a pre-trial release order. In civil court, the restraining order may be requested by a person who was a victim of a crime or by a person who anticipates that the defendant may commit a crime in the future. In Hawaii, the petitioner must file a petition with the court detailing the alleged harassment, stalking, or domestic violence and requesting a restraining order. The court will then set a hearing date and issue a temporary restraining order until a final decision is made. The court may grant a restraining order which can order the respondent (the person against whom the order is issued) to stay away from the petitioner (the person who requested the order) and may include other provisions. A restraining order can remain in effect for a period of time, or it can be terminated if the circumstances have changed. Violating a restraining order is a criminal offense in Hawaii, and it can result in fines or jail time.

Related FAQs

What is a motion to dismiss?
What is the difference between a motion to dismiss and a motion for a more definite statement?
What is the difference between a motion to transfer venue and a motion to dismiss?
What is a writ of attachment?
What is a motion for sanctions?
What is the standard of review for an appellate court?
What are the remedies for civil actions?
What is a motion for judgment on the pleadings?
What are the rules for amending pleadings?
What are the rules and procedures for jury selection?

What is a restraining order?

Related FAQs

Related Blog Posts