Free Temporary Restraining Order - Hawaii

If Attorney filing type name, address and phone no. below

1. 2. 3. 4.

CLEAR FORM
IN THE FAMILY COURT OF THE SECOND CIRCUIT STATE OF HAWAI`I

) ) Petitioner , ) ) vs. ) ) ) Respondent . ) ____________________________________)

FC-DA NO. ______________ TEMPORARY RESTRAINING ORDER Hearing Date: Judge: Richard T. Judge Jr. Presiding Bissen THIS ORDER EXPIRES ON:

TEMPORARY RESTRAINING ORDER Based upon the Ex Parte Petition for a Temporary Restraining Order for Protection and Statement of the Petitioner and pursuant to HRS Section 586-4(c), the Court finds there is probable cause to believe that a recent past act or acts of abuse have occurred, or that threats of abuse make it probable that acts of abuse by the Respondent may be imminent. It appears to the Court that a Temporary Restraining Order for Protection should be granted and is necessary to prevent acts of abuse or recurrence of actual domestic abuse by requiring that the parties be separated for a specific period. IT IS HEREBY ORDERED that the Respondent appear before the Judge in the above-entitled proceeding at the date, time and place indicated in the attached Notice of Hearing to show cause why this temporary restraining order should not continue. [ ] The court also finds the Respondent owns, intends to obtain or possesses a firearm and that the firearm may be used to threaten, injure or abuse a person.

-1-

2JC-jy 03/04/09

Respondent ABOVE NAMED
This Order applies to you now! Read this entire Order carefully! THIS ORDER BECOMES EFFECTIVE ONCE IT HAS BEEN SIGNED AND FILED, THE ORDER REMAINS IN EFFECT FOR NINETY DAYS UNLESS THE COURT CONTINUES OR TERMINATES IT.

TO THE RESPONDENT YOU AND ANYONE ACTING ON YOUR BEHALF ARE ORDERED AS FOLLOWS:
1. 2. Do not threaten or physically abuse the Petitioner or anyone living with the Petitioner. Do not contact, write, telephone or otherwise electronically contact (by recorded message, pager, etc.) the Petitioner, including where the Petitioner lives or works. Do not visit or remain within 100 yards of any place where the Petitioner lives, at . Do not violate this order even if the Petitioner invites you to be at the place where the Petitioner lives.

3.

9

Immediately leave the residence located at:

and do not go back until this order is changed. If you need personal items from the residence before the Court hearing, such as clothing, you may contact the Police Department within 24 hours of the service of this order. The Police Department is authorized to escort you to the residence to remove personal items one time, but only after the Police have notified the Petitioner. If you do not make these arrangements within 24 hours of service you shall not make or attempt any contact with the Petitioner. You may be at the residence only while a police officer is present.

9

Do not enter the Petitioner's place of work at: Employer: Address:

-2-

9

Do not have contact with the following minor children of the parties: Child(ren)'s Name(s) Birthdate

9

Until there is a court hearing, have only supervised visitation with the following minor children of the parties as follows:

Child(ren)'s Name(s)

Birthdate

9

Until there is a court hearing, arrange for unsupervised visits with the following minor children of the parties by telephoning at (Phone number). Child(ren)'s Name(s) Birthdate

-3-

9

Do not have any contact with the following people who live with Petitioner: Name Birthdate

9

Do not have any contact with the following who are Petitioner's family members who do not live with Petitioner: Name Relationship to Petitioner Birthdate

-------------------------------------FIREARMS PROHIBITION---------------------------------------IT IS ORDERED, pursuant to HRS Section 134-7(f), that Respondent is prohibited from possessing or controlling any firearm, ammunition, firearm permit or license for the duration of this order or extension thereof. All Permits/Licenses are hereby revoked. Respondent shall immediately turn over all firearms, ammunition, permits and/or licenses to a police officer or to the Maui Police Department for the duration of this order or extension thereof.

IT IS FURTHER ORDERED THAT: 1. An officer of the Police Department shall personally serve the order and related documents and shall accompany the Petitioner and assist the Petitioner in securing possession of any dwelling or residence that the Respondent is ordered to vacate.

-4-

Information on Respondent: Name: ____________________________________________________________________ Address: __________________________________________________________________ Date of Birth:_____________________ Telephone No. _____________________________ Social Security Number: ______________________________________________________

At the show cause hearing, the parties will be allowed to testify, call and examine witnesses and give legal or factual reasons why these orders should or should not be continued to be in effect. Each party may be represented by a private lawyer and shall be prepared to proceed.

ANY VIOLATION OF THIS TEMPORARY RESTRAINING ORDER FOR PROTECTION IS A MISDEMEANOR AND PUNISHABLE BY A JAIL SENTENCE OF UP TO ONE YEAR AND/OR A FINE OF UP TO $1,000. [HRS Section 586-4(e)]

DATED:

_______________, Hawai`i, ___________________________________.

____________________________________ Judge of the above-entitled Court

CLEAR FORM

-5-