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Restraining Orders

Honolulu Restraining Orders Lawyer

Protective Order Representation for Oahu Residents Since 2005

At Smith & Sturdivant, LLLC, we handle restraining orders and protective orders as part of a family law practice that has served Honolulu since 2005. Whether you need a protective order to stop abuse, stalking, or threatening behavior, or you’re navigating a restraining order alongside a custody case or divorce, our attorneys are ready to help. We offer free case evaluations so you can understand your options without delay.

In Hawaii, protective orders are available to people experiencing domestic abuse from a spouse, ex-spouse, dating partner, anyone currently or formerly residing with them, and others who qualify as family or household members under state law. If you’re in an urgent situation, don’t wait: a temporary restraining order (TRO) can be sought quickly, without the other party being present.

We assist clients facing conduct that includes:

  • Stalking
  • Physical abuse such as kicking, hitting, or choking
  • Verbal abuse and threats
  • Other violent or threatening behavior

Don’t wait for the situation to escalate. Call our Honolulu restraining order attorney today at (808) 201-3898 for a free case evaluation.

Restraining Orders & Protective Orders in Hawaii

Hawaii law distinguishes between a temporary restraining order and an Order for Protection. The TRO is the initial court-issued protection, granted by a judge without the other party present if the petition shows good cause. The Order for Protection is the longer-term remedy that may follow after both parties appear at a hearing.

Which Court Handles Your Petition

That depends on your relationship to the person causing harm. When that person is a family member, spouse, ex-spouse, or dating partner, the petition is filed at Hawaii Family Court. When the threat comes from someone outside those relationships, the filing goes to District Court. A granted TRO prevents the respondent from contacting or coming near the petitioner and anyone residing with them, and it remains valid for up to 180 days or until an Order for Protection takes effect.

The Hearing & Consequences for Violations

A hearing on whether to issue an Order for Protection must be scheduled within 15 days of the TRO being granted, and both parties can present evidence. If the respondent violates a TRO before or after that hearing, the violation can constitute a misdemeanor. Report it to police and the court immediately. When a TRO or Order for Protection is active during a divorce or custody proceeding, it can significantly shape the outcome of that concurrent case.

Why Honolulu Clients Choose Our Protective Order Lawyers

Our founding attorney’s background spans general civil litigation, mediation, custody evaluation, and service as a Guardian ad Litem (a court-appointed role representing the interests of a child). That experience gives our firm direct insight into how Hawaii Family Court weighs protective orders when custody is also at stake.

Our practice is dedicated entirely to family law. We don’t split focus across unrelated areas, which means clients receive discreet, personalized representation from attorneys who understand both the emotional weight of these matters and the procedural specifics of Honolulu’s Family Court.

When you work with our firm, you can expect:

  • More than 20 years handling family law matters in Honolulu, including complex cases involving domestic abuse and protective orders
  • Founding attorney experience as a civil litigator, mediator, custody evaluator, and Guardian ad Litem
  • Direct insight into how TROs affect custody and divorce proceedings in Hawaii Family Court
  • Free case evaluations for prospective clients
  • Discreet, personalized representation at every stage

What to Expect: From Petition to Hearing

The process starts with your free case evaluation. From there, we can help you identify the correct court for your petition: Family Court or District Court. We can also prepare the documentation needed to support it. The judge reviews your petition and may issue a TRO without the respondent present. Once granted, the respondent must be formally served, and the court schedules a hearing within 15 days to determine whether an Order for Protection should be issued.

We prepare you for that hearing, organize supporting documentation such as police reports or medical records, and advocate on your behalf before the judge. Keep a certified copy of any granted TRO with you at all times and report any violation to police immediately. If your matter is connected to a pending divorce or custody case, we can handle both within the same representation so nothing falls through the cracks.

Our Honolulu protective order attorneys are ready to help. Call (808) 201-3898 today to schedule your free case evaluation. We serve clients throughout Oahu.

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  • “Thank you, from the bottom of my heart.”
    I can't express enough on how thankful I am to have found Atty Sturdivant and his Legal Assistant, Sarena. They helped me tremendously get through a process that I never thought I could have overcome - a divorce. They made this a very smooth and painless process. As a result, I am relieved. Thank you, from the bottom of my heart.
    - Floriza F.
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    Bottom line, if anyone is looking for the highest quality in service and care, wishing to be in the best possible hands you could be during the delicate and sensitive legal matters you may need assistance with, save some time and make the right decision, talk to Mr. Justin and Mr. Daniel, you will not regret it, they will always have your back, these family lawyers are second to none!!
    - Juan S.
  • “Did a great job of being a friend as well as attorney.”
    I went thru an extremely painful divorce. One I never saw coming, and one I never wanted to happen. Justin was there to guide me and advise me when needed. Always available to see me, or talk on the phone when I had questions. Sad as the situation was, Justin seemed to feel what I was going thru and did a great job of being a friend as well as attorney. His fee was very fair, and I would highly recommend him to anyone dealing with these issues.
    - Salvatore
  • “I felt like he was straight with me, both good and bad, unlike other lawyers I've met with.”
    Justin Sturdivant met with me personally and took the time to answer my questions. I felt like he was straight with me, both good and bad, unlike other lawyers I've met with. If I have to go forward with my divorce I'll be going with Mr. Sturdivant.
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    I contacted Justin when I was in need of an attorney and he was exactly what I needed. He not only gave me a fair and equitable retainer fee, he got the results I was looking for in less time than I had personally allocated for when I originally encountered the issue. I was not only satisfied but ecstatic, I would use him for all my issues from here on forward, should I have any.
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