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A quick overview of the legal system
The Hawaii legal system is divided into
two areas: civil law and criminal law.
Civil Law
Under civil law, one person sues another for a private wrong. In a civil domestic
violence action, you are asking the court to resolve the conflict between you and
your abuser. You are not asking the court to punish your abuser for committing a
crime.
Criminal Law
The criminal law system handles all cases that involve violations of criminal
law such as harassment, assault, murder, and theft. A criminal complaint involves
charging your abuser with a crime.
What is the legal definition of domestic abuse in Hawaii?
"Domestic abuse" is when one
or more of the following things occurs between family or household members:
- Physical harm,
- bodily injury,
- assault,
- the threat of imminent physical
harm, bodily injury, or assault,
- extreme psychological abuse, or
- malicious property damage
Who can get a Family Court Order of Protection?
You can seek a family court order of
protection for you or for your minor child if the person who has committed acts
of domestic abuse is:
- your spouse, or reciprocal beneficiary,
- your former spouses or former reciprocal
beneficiary,
- someone with whom you have a child
in common,
- your parent, child, or other relative,
- someone you live with or lived with
in the past, or
- someone you have dated or are dating.
A parent may file on behalf of a minor
child.
Note: "Reciprocal beneficiaries"
means a couple who is ineligible to marry, but signs an official declaration of
intent to enter into an relationship with each other.
(See HI Revised Statutes, Ch. 572C.)
In Hawaii, you may apply for an Order
of Protection against a current or former same-sex partner.
What types of Orders of Protection are available?
There are two types of Orders of Protection:
1. For domestic violence cases, the
Family Court issues a Temporary Restraining Order, which is valid for up
to 90 days. It may be extended up to three years. See below.
2. If your situation does not fit the
requirements for a Family Court order, you may request a District Court restraining
order.
For more information on both of these
orders, go to the Self-Help section of : www.courts.state.hi.us.
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