Hawaii Restraining Order Laws (2026): How to Get a Protective Order

In Hawaii, victims of domestic abuse can petition Family Court for a Temporary Restraining Order (TRO) followed by an Order for Protection under HRS Chapter 586. The final Order for Protection lasts for a fixed reasonable period set by the court and is renewable. Victims with no qualifying relationship may file an Injunction Against Harassment under HRS Chapter 604.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Hawaii

Hawaii runs two civil protective-order tracks. The first, governed by HRS Chapter 586, is the Domestic Abuse Protective Order. It starts as a Temporary Restraining Order (TRO) issued on an ex parte basis and, after a hearing, becomes an Order for Protection. This track covers physical harm, bodily injury, assault, the imminent threat of these acts, extreme psychological abuse, and malicious property damage between family and household members.

The second track is the Injunction Against Harassment under HRS Chapter 604. It does not require any prior relationship between the petitioner and respondent. Under HRS section 604-10.5(a), harassment means either (1) physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, or (2) an intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs or consistently or continually bothers the individual and serves no legitimate purpose, where that course of conduct would cause a reasonable person to suffer emotional distress. The elements of that second branch are cumulative, not alternatives: conduct that is merely annoying but serves a legitimate purpose does not qualify. A person who has been subjected to harassment can seek this injunction in District Court. The two tracks cover separate situations, but a victim can sometimes qualify under both if there is both a domestic relationship and a pattern of harassment.

Act 121 (2025) amended HRS Chapter 586, including the section 586-11 violation penalties, to strengthen domestic abuse protections. Courts and advocates now apply the updated provisions of Chapter 586 when processing new petitions.

Who can get a restraining order in Hawaii?

For a Domestic Abuse TRO or Order for Protection under HRS Chapter 586, the petitioner must be a family or household member of the respondent. Under HRS section 586-1, that definition covers spouses and reciprocal beneficiaries, former spouses and former reciprocal beneficiaries, persons who have a child in common, parents, children, and persons related by consanguinity (blood relatives). In-laws and others related only by marriage are not listed in the statute, so they qualify only if they also share a household, share a child, or have had a dating relationship. It also covers current and former dating partners and people who currently live together or have lived together in the household, with the caveat that a purely economic roommate relationship may not qualify. The definition of domestic abuse under Chapter 586 extends to extreme psychological abuse and malicious property damage, not just physical violence.

For the Injunction Against Harassment under HRS Chapter 604, no qualifying relationship is required. Any person who has experienced harassment as defined by Hawaii law may file, regardless of whether they know the respondent or have any prior connection. Parents and legal guardians may petition on behalf of minor children in either track.

How to file for a restraining order in Hawaii

You file a petition for a Domestic Abuse TRO in Family Court, which is a division of the Circuit Court. Hawaii has Family Courts on each of its four counties: Oahu (First Circuit), Maui (Second Circuit), Hawaii Island (Third Circuit), and Kauai (Fifth Circuit). For the Injunction Against Harassment, you file in District Court in the relevant county.

Under the federal Violence Against Women Act, the court cannot charge a filing fee or service fee for a domestic-violence protective order. Bring any documentation you have of the abuse or threats, but you can file even if you have no physical evidence. Court self-help centers at each courthouse provide free forms and general guidance on completing them. Local domestic-violence advocacy organizations, such as those affiliated with the Hawaii State Coalition Against Domestic Violence, can also help you prepare and accompany you to court. Contact the National Domestic Violence Hotline at 1-800-799-7233 if you need help finding an advocate near you.

After you file, a judge reviews your petition the same day. If the judge finds reasonable cause, the TRO is issued immediately without the respondent being present.

Temporary vs. final orders: how long they last

Hawaii's ex parte TRO under Chapter 586 has an unusually long initial duration compared to most states. The TRO remains in effect for up to 180 days after issuance. Under HRS section 586-5(b), the court must hold an Order to Show Cause hearing no later than 15 days from the date the TRO is granted, not from the date it is served on the respondent. Both parties attend and may be represented by counsel. If service has not been effected, the court may set a new hearing date, but that date cannot exceed 90 days from the date the TRO was granted. Whichever date applies, get a free case evaluation from a Hawaii family lawyer on preparing for the Order to Show Cause hearing (attorney advertising).

At that hearing, the court determines whether to issue a final Order for Protection. The final order lasts for a fixed reasonable period that the court considers appropriate to the circumstances. There is no single statewide standard duration for the final order. If a minor child is covered by the order, the court may extend it past the child's 18th birthday. Final orders are renewable.

Firearms and a Hawaii protective order

Hawaii has some of the strongest state-level firearm provisions tied to protective orders in the country. Under HRS section 134-7(f), any person subject to a Chapter 586 order must relinquish possession and control of all firearms and ammunition they own to the police department of the appropriate county for safekeeping for the duration of the order, and is prohibited from possessing or controlling a firearm regardless of whether they owned it before the order was issued. A restrained person who is the registered owner, knows the firearm's location, but refuses to surrender it or disclose its location is guilty of a separate misdemeanor. This prohibition applies from the moment the order is served and is not limited to firearms acquired after the order.

On top of the state prohibition, a qualifying final protective order triggers the federal firearm ban under 18 U.S.C. 922(g)(8). A person subject to a qualifying order may not possess any firearm or ammunition under federal law. Violation of the federal prohibition is a serious federal offense separate from any state charges for violating the order itself.

Respondents who are prohibited from possessing firearms should consult with an attorney or the court self-help center about the specific surrender procedures required in their order. The prohibition applies for the full duration of the order.

What happens if someone violates the order?

Violating an Order for Protection in Hawaii is a crime under HRS section 586-11. Any respondent who knowingly or intentionally violates the order is guilty of a misdemeanor. For a first conviction, the law sets a mandatory minimum jail sentence of no less than 5 days and a fine of no less than $300 and no more than $500. A second or subsequent conviction carries a mandatory minimum of no less than 45 days and a fine of no less than $500 and no more than $1,000. As amended by Act 121 (2025), the statute no longer splits sentencing between violations in the nature of domestic abuse and other violations, so these minimums apply to any knowing or intentional violation of an order for protection. A conviction for violating the underlying temporary restraining order under HRS section 586-4(e) in the same case counts as a prior violation.

Police in Hawaii can arrest a person without a warrant when there is probable cause to believe the person has violated a protective order. You do not need to obtain a new court order before calling the police about a violation.

If the respondent violates your order, call 911 immediately. Document what happened, including dates, times, any witnesses, and any messages or physical evidence. Report the violation to the court that issued your order as well, so that it is in the record. Courts can hold violators in contempt of court in addition to criminal prosecution. Repeated violations can result in escalating penalties.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

Related pages

For more background on the laws surrounding personal safety and documentation, see the main restraining orders hub for a full state-by-state comparison. If you are documenting harassment to support your petition, Hawaii's recording law page explains the rules for recording conversations in the state.

More Hawaii Laws

• Hawaii Child Custody Laws
• Hawaii Divorce Laws
• Hawaii GPS Tracking Laws
• Hawaii Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Hawaii?

File a petition for a Temporary Restraining Order at Family Court (Circuit Court) in your county. You can do this even without an attorney. The court will review your petition the same day and, if it finds reasonable cause, issue the TRO immediately without the respondent being present. An Order to Show Cause hearing must be held no later than 15 days from the date the TRO is granted; if service has not been effected, the court may reset that hearing to a date no more than 90 days from the grant. Court self-help centers provide free forms and guidance.

How long does a restraining order last in Hawaii?

The ex parte TRO lasts up to 180 days. After the Order to Show Cause hearing, the court may issue a final Order for Protection that lasts for a fixed reasonable period set by the judge. There is no single default duration statewide. Orders are renewable, and if a minor child is covered, the order can extend past the child's 18th birthday.

How much does a restraining order cost in Hawaii?

Filing for a domestic abuse protective order under HRS Chapter 586 is free. Under the federal Violence Against Women Act, courts cannot charge a filing fee or service fee for domestic-violence protective orders. There is also no fee to attend the hearing.

Can I get a restraining order without a police report?

Yes. You do not need a police report to file for a TRO or Order for Protection in Hawaii. The court looks at the evidence and circumstances you describe in your petition. Documentation can help, but you can file without it. An advocate from a local domestic-violence organization can help you prepare your petition.

Does a restraining order take away gun rights in Hawaii?

Yes. Under HRS section 134-7(f), a person subject to a Chapter 586 protective order must surrender all firearms and ammunition to the police for safekeeping and is prohibited from possessing or controlling any firearm during the order; refusing to surrender or disclose a firearm's location is a separate misdemeanor. A qualifying final order also triggers the federal prohibition under 18 U.S.C. 922(g)(8), which bars possession of any firearm or ammunition under federal law.

What happens if the abuser violates the order?

Call 911 immediately and document the violation. Violating an Order for Protection is a misdemeanor under HRS section 586-11. A first conviction carries a mandatory minimum of 5 days in jail and a fine of $300 to $500. A second or subsequent conviction carries a mandatory minimum of 45 days and a fine of $500 to $1,000. Act 121 (2025) removed the earlier split between domestic and non-domestic violations, so these minimums apply to any knowing or intentional violation. Police can arrest without a warrant on probable cause. Report the violation to your court as well.

What is the difference between a restraining order and an order of protection in Hawaii?

In Hawaii, the initial civil order issued by Family Court is called a Temporary Restraining Order (TRO). After the hearing, it becomes an Order for Protection. Both are commonly referred to as protective orders. The term 'restraining order' is a general term that many people use; the official name in Hawaii for the domestic abuse civil order track is the Order for Protection under HRS Chapter 586. An Injunction Against Harassment under Chapter 604 is the order for non-domestic situations.