What is a temporary restraining order?

A temporary restraining order (TRO) is an order issued by a court to protect someone from harm caused by another person. In Hawaii, a TRO can be issued when one spouse (or former spouse) is in danger of being physically harmed or harassed by the other spouse. The TRO prohibits the person from contacting, harassing, or stalking the protected person and from entering the protected person’s home or property. Oftentimes, a TRO is issued in cases involving divorce, separation or domestic violence. The TRO will typically last for a certain period of time, usually no more than 20 days in Hawaii. During this period, the protected person can go to court and request a longer-term restraining order, called a “permanent restraining order.” A permanent restraining order may include conditions such as requiring the harasser to stay a certain distance away from the protected person, to not contact the protected person, or to not possess any firearms. If the court determines that the spouse or former spouse has violated the TRO or permanent restraining order, the court may issue a fine, put the person in jail, or both. The court may also order the violator to undergo counseling or treatment, depending on the nature of the violation. In Hawaii, it’s important to remember that restraining orders are not the same as divorce or child custody arrangements. In other words, obtaining a restraining order does not mean that the court must automatically grant the spouse the terms of the divorce or child custody case.

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