Best Domestic Violence Lawyers in Hawaii

About Domestic Violence Law in Hawaii, United States

Domestic violence is a serious issue affecting individuals and families throughout Hawaii. In the state of Hawaii, domestic violence is legally defined as physical harm, threats of harm, or abuse that occurs between family members, intimate partners, or household members. This can include spouses, former spouses, individuals who share a child, people living together, or those who are dating. In addition to physical abuse, domestic violence can also involve emotional, psychological, and financial abuse. Laws in Hawaii aim to protect victims and provide legal consequences for individuals who commit acts of domestic violence.

Why You May Need a Lawyer

Facing domestic violence is an overwhelming experience, and the legal processes involved can be confusing and intimidating. You may need a lawyer in the following situations:

• If you are a victim seeking protection through a restraining order or protective order.
• If you have been accused of domestic violence and need representation in court.
• If you are involved in family court proceedings, such as divorce or child custody, where domestic violence is an issue.
• If you need guidance on your legal rights concerning eviction, relocation, or division of property due to domestic violence.
• If you require help navigating the criminal charges and their potential consequences.

A skilled lawyer can help you understand your rights, represent your interests, and ensure your safety and legal protections are prioritized.

Local Laws Overview

Hawaii has specific laws addressing domestic violence, which are found in both criminal and civil statutes. The key aspects include:

• Hawaii Revised Statutes (HRS) 709-906 defines and penalizes abuse of family or household members.
• Victims of domestic violence can request a Temporary Restraining Order (TRO) or a Protective Order from the Family Court to prevent further abuse.
• Violation of a protective order is a criminal offense that can result in arrest, fines, and jail time.
• The law regards repeat domestic violence offenses and offenses committed in the presence of children as more serious, often resulting in enhanced penalties.
• Victims have access to emergency shelter, counseling, and support services provided by the state and local organizations.
• Firearms possession can be restricted for those found to have committed domestic violence offenses.
• Mandatory arrest policies require law enforcement officers to arrest suspected offenders when certain criteria are met.

It is important to note that domestic violence laws can intersect with other areas of law, such as child welfare, divorce, and criminal justice.

Frequently Asked Questions

What qualifies as domestic violence in Hawaii?

Domestic violence in Hawaii includes physical harm, threats, intimidation, harassment, stalking, or any form of abuse committed by a spouse, former spouse, partner, roommate, or family member.

How do I get a restraining order in Hawaii?

You can file a petition for a Temporary Restraining Order (TRO) with the Family Court. The court may issue the TRO the same day, followed by a hearing where a longer-term Protective Order may be granted.

What happens if someone violates a restraining order?

Violating a restraining order is considered a criminal offense in Hawaii. Law enforcement can arrest the offender, and penalties may include fines, imprisonment, or both.

Does domestic violence affect child custody decisions?

Yes, Hawaii courts consider domestic violence when making child custody decisions. The court’s primary concern is the safety and well-being of the child and may limit the abusive parent's custodial rights.

Can men be victims of domestic violence in Hawaii?

Yes, domestic violence laws protect all individuals, regardless of gender. Men, women, and non-binary individuals can all be victims of domestic violence and have the right to legal protection.

Do I need evidence to file for a restraining order?

While evidence such as photographs, medical records, or witness testimony can strengthen your case, your sworn statement detailing the abuse is often sufficient to request an initial restraining order.

If accused of domestic violence, what should I do?

If you are accused of domestic violence, you should contact a lawyer immediately. Do not contact the alleged victim, and comply with any court orders. Your lawyer can help you understand your rights and defenses.

Are police required to make an arrest in domestic violence cases?

Hawaii law has a mandatory arrest policy for certain domestic violence situations where probable cause is found, even if the victim does not wish to press charges.

Are domestic violence records confidential in Hawaii?

Court records involving domestic violence may have certain confidential elements, especially in family court matters, but many aspects of criminal proceedings are part of the public record.

What support services are available for victims?

Victims can access emergency shelters, counseling, legal advocacy, and crisis hotlines through local organizations and state agencies dedicated to supporting those impacted by domestic violence.

Additional Resources

If you or someone you know is affected by domestic violence in Hawaii, the following resources can provide help and information:

• Hawaii State Judiciary - Family Court
• Hawaii Domestic Violence Action Center
• Child & Family Service Domestic Abuse Hotlines
• The Legal Aid Society of Hawaii
• The Hawaii Coalition Against Domestic Violence
• Police emergency (call 911 in immediate danger)

Many of these agencies offer emergency shelter, counseling, and legal support regardless of your ability to pay.

Next Steps

If you need legal assistance regarding domestic violence in Hawaii, consider the following steps:

• Prioritize your safety - if you are in immediate danger, call 911.
• Contact local shelters, hotlines, or advocacy organizations for immediate support and guidance.
• Consult a qualified attorney who specializes in domestic violence or family law to understand your rights.
• Gather any evidence of abuse, such as photos, messages, medical records, and eyewitness accounts.
• Cooperate fully with legal proceedings and follow the advice of your legal counsel.
• If you are seeking a restraining order, start by visiting your nearest Family Court or contacting legal aid for help with the process.

Remember, you do not have to face these challenges alone. Getting legal support and community assistance is a crucial step toward protection and recovery.