Restraining Orders

The abuser must be “served,” or given a copy of the petition along with papers that tell him/her about the temporary restraining order (TRO) and the order to show cause (OSC) hearing date.

After the judge signs your TRO, you will receive a copy. It is your responsibility to make sure that service is completed. You will need to provide an address where the abuser can be found. In some circuits, you may have to take two copies of the TRO to the police station in the district where the abuser can most likely be located. In others, the court will ensure that the abuser is served. You may want to talk to the clerk before you leave the courthouse to make sure you know what the rule is in your circuit. Do not try to serve the abuser yourself.

Your TRO is not enforceable until the defendant is served.¹ Once the police serve the order, they are supposed to take all firearms and ammunition from the abuser. You can read more about this in Can the abuser have a gun? You can call Hawaii Police Records and Services Department to ensure that the abuser has been served and your TRO is in effect.

¹ See Hawaii Judiciary website