Temporary Restraining Order
If a TRO has been filed against you or you seek to file a TRO against someone, you need an experienced TRO attorney to fight for your interests. For years, Todd Eddins has represented individuals who have defeated TRO’s and persons who have been successful in obtaining restraining orders.
TRO stands for “Temporary Restraining Order.” A TRO can be issued pursuant to HRS § 604-10.5 or HRS Chapter 586. A District Court TRO (§604-10.5) usually involves former boyfriends/girlfriends, roommates, neighbors, co-workers, and acquaintances. A Family Court TRO (Chapter 586) involves family or household members. It is not difficult to obtain a District Court or Family Court TRO. In fact, many attorneys believe that judges merely rubber stamp petitions for TRO’s, which are routinely based on false allegations.
A TRO petition is filed with District or Family Court in an Ex Parte (or straight to the judge and not to you) manner. If based on the accusations alone, a judge finds that there is probable cause to believe that acts of harassment (e.g. physical harm, assault, threats, property damage, phone/email harassment, “substantial emotional distress” or “extreme psychological abuse”) have occurred or acts of harassment will shortly occur, then a TRO is issued. You will then have a court order prohibiting you from going to the person’s residence and workplace, and contacting the person in anyway –such as texting, email, phone or indirectly through other people.
If a judge issues a TRO against you, HPD or the Sheriff’s Department will then serve you with the TRO. You must obey the TRO and not contact at all the person who secured the TRO against you or anyone else named in the TRO. If the person attempts to contact you, do not talk, email, phone, or text them. If you do, you will likely be arrested. A hearing must be scheduled within 15 days that the petition was filed. Thus, you must immediately contact an experienced TRO lawyer to defend you. It is at this hearing that you can defend yourself, contest the allegations, preserve your reputation, and protect your rights.
You should fight the accusations because having a restraining order issued against you will go on your public record, impact your ability to be at certain places, can later be used by the petitioner to get you arrested on a Violation of Protective Order charge (1 year possible jail term) based solely on their word, and for those who legally own firearms, impact your 2nd Amendment rights.
Family Court TRO’s are often deployed offensively by spouses who are getting divorced or parents who have child custody issues. Divorce attorneys regularly instruct their clients to get TRO’s in order to help the underlying divorce or child custody proceedings. Family Court TRO’s can be especially devastating because a child is often named in the petition. A parent will then be unable to see their child. Child Protective Services will usually get involved. You need to protect your parental rights.
There are serious negative consequences to a Family Court TRO because child custody issues will be impacted as the divorce or custody cases moves through the Family Court system. You need an experienced Family Court TRO attorney – not just a divorce attorney to fight for your rights. Like a District Court restraining order, a Family Court restraining order can be used as a tool to get you arrested, even though you have done nothing to violate the court order. You must fight the allegations. I can help you.