Hawaii Restraining Orders and Protective Orders: The Military Consequences
A Hawaii temporary restraining order is a civil court order. For a service member, it can reach well past the family court or district court that issued it. It can touch your weapon, your duties, your housing, and your record, and the facts behind it can become a UCMJ case of their own.
Our firm began in Honolulu in 2010 and was based there until 2021, and we handled approximately 200 cases in Hawaii. This page explains how Hawaii restraining orders work, what they can do to a military career, and what a service member should do when one is served.
How Restraining Orders Work in Hawaii
Hawaii uses two main paths.
Harassment orders under section 604-10.5. Under Hawaii Revised Statutes section 604-10.5, a temporary restraining order for harassment may remain in effect for up to ninety days. The hearing on an injunction must be held within fifteen days after the temporary order is granted, and the court may reset it if the respondent has not been served, but not beyond ninety days. After a hearing, the court may issue an injunction for up to three years if it finds harassment by clear and convincing evidence. A knowing or intentional violation of the order is a misdemeanor, with mandatory minimum jail terms for repeat violations.
Domestic abuse protective orders under chapter 586. When the parties are family or household members, the petition usually proceeds under chapter 586 in Family Court. A temporary restraining order under that chapter may remain in effect for up to 180 days, or until a protective order takes effect. The hearing must be held within fifteen days after the temporary order is granted.
How to fight a temporary restraining order in Hawaii. The temporary order is often granted on the petitioner's paperwork alone. The contest comes at the hearing, where the petitioner must prove the case to the court's standard. For a service member, that hearing also creates a record: what you say, what you file, and what the judge finds can follow you into the military case. Do not walk into it without a Hawaii lawyer, and do not walk into it without a plan for the military side.
Your Weapon and Your Duties
Federal law creates two separate firearm problems.
- A qualifying protective order. Under 18 U.S.C. section 922(g)(8), a person subject to a qualifying protective order may not possess firearms or ammunition. The order must have been entered after notice and an opportunity to participate in a hearing, and it must contain the required findings or terms. Not every restraining order qualifies, and a temporary order issued before any hearing ordinarily does not meet the hearing requirement. A protective order issued after a hearing may.
- A qualifying conviction. The Lautenberg Amendment bars firearm possession after a conviction for a qualifying misdemeanor crime of domestic violence. Under Department of Defense Instruction 6400.06, a member with a qualifying conviction must turn in issued small arms and surrender or lawfully dispose of personal firearms. Personnel action can follow, including reassignment, reclassification, a bar to reenlistment, or administrative separation, but none of those is automatic. An Article 15, a summary court-martial, or a Family Advocacy finding does not by itself count as a qualifying conviction.
For a service member whose job requires carrying a weapon, either problem can stop a career in place.
The Military Side of a Hawaii Order
- A military protective order. Your commander can issue a military protective order, separate from any Hawaii court order, restricting your contact with the protected person. Violating it is a military offense of its own.
- Article 128b. The UCMJ's domestic violence article reaches violent offenses against a spouse, intimate partner, or immediate family member, and it separately addresses threats, violations of protective orders, and strangulation or suffocation. The facts in a Hawaii petition can become the facts in a UCMJ investigation.
- A Flag and a reprimand. A Soldier under investigation, or facing civilian charges or restraint, can be Flagged under Army Regulation 600-8-2, which suspends favorable personnel actions. A general officer memorandum of reprimand, an Air Force letter of reprimand, or an Unfavorable Information File can follow.
- Family Advocacy. A domestic incident can be referred to the Family Advocacy Program, which runs its own process. Its finding is not a criminal conviction, but it becomes part of the record the command sees.
What You Say, and to Whom
The petition, the declaration you file, and your testimony at the hearing are written records. They can be used in a military investigation. When military investigators question you as a suspect, Article 31(b) of the UCMJ requires them to tell you the nature of the accusation, that you have the right to remain silent, and that anything you say can be used against you at a court martial. You may decline the interview and ask for a lawyer. Follow the terms of any order exactly, follow every lawful order from your command, and do not contact the petitioner, even to apologize.
What We Do, and What We Do Not Do
Bilecki Law Group does not take Hawaii state court cases or federal court cases. Tim Bilecki and Ben Gold are both licensed in Hawaii, and both are on inactive status. For the restraining order hearing, you need a lawyer licensed and active in Hawaii.
We defend only the military side: the investigation, the Special Trial Counsel and command decisions, a military protective order, nonjudicial punishment, a reprimand, administrative separation, a Board of Inquiry, and a court martial. We coordinate with your Hawaii lawyer so that what happens at the hearing does not decide the military case for you. Since 2003 our attorneys have defended service members, and the firm has taken more than 250 courts-martial to verdict. To see how we defend service members across the islands, visit our page for a military lawyer in Hawaii.
FAQ
How long does a TRO last in Hawaii?
A harassment temporary restraining order under section 604-10.5 may last up to ninety days. A domestic abuse temporary restraining order under chapter 586 may last up to 180 days, or until a protective order takes effect. In both, the hearing is ordinarily set within fifteen days.
How do I fight a temporary restraining order in Hawaii?
At the hearing. The petitioner has to prove the case, and you can respond with evidence and through counsel. Retain a Hawaii-licensed lawyer for the hearing, and bring in military counsel before you file anything or testify, because the hearing record can be used against you on the military side.
Can a restraining order end my military career?
It can threaten one. A qualifying protective order can bar firearm possession, a commander can issue a military protective order, and the underlying facts can lead to an Article 128b investigation, a reprimand, or a separation. None of those results is automatic, and each one can be fought.
Will I lose my weapon if I get a restraining order in Hawaii?
Not necessarily. The federal prohibition applies only to a qualifying protective order entered after notice and a hearing that contains the required findings or terms, or to a qualifying domestic violence conviction. A temporary order issued before any hearing ordinarily does not qualify, but your command may still restrict your duties while the case is pending.