Fillable PETITION FOR EX PARTE TEMPORARY RESTRAINING I ORDER (Hawaii State Judiciary)

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PETITION FOR EX PARTE TEMPORARY RESTRAINING I ORDER (Hawaii State Judiciary)

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PETITION FOR EX PARTE TEMPORARY RESTRAINING
ORDER
AND
FOR INJUNCTION AGAINST HARASSMENT;
D
ECLARATION
OF PETITIONER; TEMPORARY RESTRAINING
O
RDER
A
GAINST
H
ARASSMENT
;
AND
N
OTICE
OF
H
EARING
______________________________
TWO-SIDED FORM, page 1 of 3
Form #1DC51
Reserved for Court Use
I
N
T
HE
D
ISTRICT
C
OURT
OF
THE
F
IRST
C
IRCUIT
DIVISION
STATE
OF HAWA I‘I
Petitioner(s)
Respondent(s) (if known, list Address, Telephone, DOB and SSN
for each respondent)
Civil No. 1SS
Petitioner(s)/Petitioner(s)’ Attorney (Name, Attorney Number,
Firm Name (if applicable), Address, Telephone and Facsimile
Numbers)
PETITION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND FOR INJUNCTION AGAINST HARASSMENT
This Petition is made pursuant to Hawai‘i Revised Statutes section §604-10.5 and the following statement:
l. The Petitioner(s) is a resident(s) of the Division of the above District and Circuit, State of Hawai‘i.
2. Based upon the attached Declaration of Petitioner(s), Petitioner(s) ask(s) for:
a. An ex parte temporary restraining order not to exceed a period of ninety (90) days for protection enjoining Respondent(s) and any
other person(s) acting on Respondent(s)’ behalf from:
❑ contacting, threatening, or physically harassing
❑ Petitioner(s) ❑ Any person(s) residing at Petitioner(s)’ residence
❑ telephoning the Petitioner(s)
❑ entering or visiting Petitioner(s)’ ❑ residence, including yard and garage and ❑ place of employment.
b. An order of an Injunction not to exceed a period of three (3) years, enjoining Respondent(s) and any other person(s) acting on
Respondent(s)’ behalf from committing those acts set forth in paragraph 2a. hereof.
c. An order prohibiting Respondent(s) from owning or possessing firearm(s) and/or ammunition.
d. An order awarding reasonable attorney’s fees and costs to Petitioner(s) and such further relief as the Court deems just and
appropriate.
(continued on reverse side)
Date:
Signature of Petitioner(s):
Print/Type Name(s):
TRO.3XX (Effective 7/1/2001)
1D-P-803 (10/03)
RG(01/11)
SEE REVERSE SIDE
I certify that this is a full, true, and correct
copy of the original on file in this office.
Clerk, District Court of the above Circuit, State of Hawai‘i
RevaComm 508 Certified
RevaComm 508 Certified
page 2 of 3
DECLARATION OF PETITIONER(S)
Petitioner states the following is true:
❑
❑
Recent or past act(s) of harassment occurred; and/or
Threats of harassment make it probable that acts of harassment may occur soon.
Respondent(s) ❑ own; ❑ possess; or ❑ intend to obtain or possess
❑ firearm(s) and/or ammunition that may be used to threaten or injure Petitioner(s).
Describe the firearm(s)/ammunition: _______________________________________________________________________.
Location of the firearm(s)/ammunition: _____________________________________________________________________.
Date last seen: __________________________.
Street address/ specific location where last seen: ____________________________________________________________________.
(Explain in detail recent or past acts or threats of harassment, using additional sheets, if necessary.)
❑ Unless Respondent(s)’ wrongful conduct is stopped or prevented by order of the Court, Petitioner(s) will suffer substantial
emotional distress.
I have read the Petition and Declaration, know their contents, and verify that the statements contained therein are true to my personal
knowledge and belief.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAI‘I THAT THE FACTS
AND CIRCUMSTANCES STATED IN THE PETITION AND DECLARATION ARE TRUE AND CORRECT.
Date:
Signature of Petitioner(s):
Print/Type Name(s):
RevaComm 508 Certified
1D-P-803
page 3 of 3
TEMPORARY RESTRAINING ORDER AGAINST HARASSMENT
Based upon the attached Petition for Ex Parte Temporary Restraining Order and Declaration of Petitioner(s) and pursuant to Hawai‘i Revised Statutes
§604-10.5, the Court finds there is probable cause to believe:
❑ Recent or past acts of harassment by Respondent(s) have occurred.
❑ Threats of harassment by Respondent(s) make it probable that acts of harassment may be imminent against Petitioner(s).
It appears to the Court that a Temporary Restraining Order should be granted and is necessary to prevent acts of harassment. Accordingly,
IT IS ORDERED that Respondent(s) shall appear before the Judge in the above-entitled proceeding at the date, time and place indicated in the Notice of
Hearing below. Pending the hearing on this Petition, Respondent(s) is/are ordered as follows.
TO
THE RESPONDENT:
YOU AND ANYONE ACTING ON YOUR BEHALF ARE ORDERED AS FOLLOWS:
❑ Do not contact, threaten, or physically harass Petitioner(s) and ❑ any person(s) residing at Petitioner(s)’ residence
❑ Do not telephone Petitioner(s)
❑ Do not enter or visit Petitioner(s)’ ❑ residence, including yard and garage, and ❑ place of employment.
❑ Pursuant to HAWAI‘I REVISED STATUTES §134-7, you shall not possess or control any firearm(s) and/or ammunition for
the duration of this Temporary Restraining Order.
❑ You shall immediately turn over for safekeeping all firearms and/or ammunition in your possession and control to the
Honolulu Police Department (Firearms Unit, Main Station, 801 So. Beretania Street, 1st Floor, Honolulu Hawai‘i 96813), for
the duration of this Order or any extensions thereof.
This Order becomes effective upon its signing and filing and shall remain in effect for fifteen (15) days, unless extended or
terminated by the Court.
ANY KNOWING OR INTENTIONAL VIOLATION OF THIS TEMPORARY RESTRAINING ORDER AGAINST HARASSMENT IS A
MISDEMEANOR PUNISHABLE BY A JAIL SENTENCE OF UP TO ONE YEAR AND/OR UP TO A $2,000 FINE. A SENTENCE OF 48
HOURS JAIL FOR A SECOND CONVICTION AND 30 DAYS JAIL FOR ANY SUBSEQUENT CONVICTION(S) IS MANDATORY.
[HAWAI‘I REVISED STATUTES §604-10.5, §706-663 AND §706-640].
D
ate: Judge of the above-entitled Court
NOTICE OF HEARING
TO: _______________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
NOTICE IS GIVEN that the Petitioner(s) above named has/have filed the foregoing Petition for Ex Parte Temporary Restraining Order and for Injunction
Against Harassment.
YOU ARE COMMANDED to appear before the Presiding Judge of the above-entitled Court, the District Court of the above Circuit, at 1111 Alakea
Street, 10th floor, Courtroom B, Honolulu, Hawai‘i 96813, on _________________________________________________________________________,
________________________, 20
at 8:30 o’clock A.M.
Prior to the scheduled hearing date, you or your attorney may file a written response explaining, excusing, justifying, or denying the alleged act or
acts of harassment. At the hearing, the parties shall be prepared to testify, call and examine witnesses, present any documents, and give legal or factual
reasons why the Injunction should or should not be granted. Each party may be represented by an attorney and shall be prepared to proceed at the hearing.
IF YOU OR YOUR ATTORNEY FAIL TO ATTEND AT THE TIME AND PLACE DESIGNATED, AN ORDER GRANTING PETITION FOR
INJUNCTION AGAINST HARASSMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION.
The Court shall receive all evidence that is relevant at the hearing, and may make independent inquiry. If the Court finds by clear and convincing
evidence that harassment by Respondent(s) in the form of physical harm, bodily injury, assault, of the threat of imminent physical harm, bodily injury to
Petitioner exists, it may enjoin for no more than three years further harassment by Respondent(s). If the court finds by clear and convincing evidence that
harassment by Respondent(s) in the form of an intentional or knowing course of conduct directed at Petitioner(s) that seriously alarms or disturbs,
consistently or continually bothers Petitioner(s) and that serves no legitimate purpose exists, and such course of conduct would cause a reasonable person
to suffer emotional distress, the court shall enjoin for no more than three years, further harassment by Respondent(s).
This Order shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a judge of the above-
entitled Court permits, in writing on this Order, personal delivery during those hours.
Date: Clerk of the above-entitled Court
In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the
District Court Administration Office at PHONE NO. 538-5121, FAX 538-5233, OR TTY 539-4853 at least ten (10) working
days in advance of your hearing Or appointment date. For Civil related matters, please call 538-5151.
1D-P-803
RevaComm 508 Certified
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PETITION FOR EX PARTE TEMPORARY RESTRAINING I ORDER (Hawaii State Judiciary)

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Completed 19 July 2020

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