(a) After a petition has been filed with the court under this chapter, the court, upon such hearing as the court deems to be appropriate, may issue a protective order to restrain any party from contacting, threatening, or physically abusing any other party or a child, if the court finds that a protective order is necessary to prevent domestic abuse (as that term and its component terms are defined in § 586-1 ) or a recurrence of domestic abuse.
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Terms Used In Hawaii Revised Statutes 587A-38

  • Child: means a person who is born alive and is less than eighteen years of age. See Hawaii Revised Statutes 587A-4
  • Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 587A-4
  • Party: means an authorized agency; a child who is subject to a proceeding under this chapter; the child's parents and guardian ad litem; any other person who is alleged in the petition or who is subsequently found at any child protective proceeding to be encouraging, causing, or contributing to the acts or conditions that brought the child within the scope of this chapter; and may include any other person, including the child's current foster parent or current resource family, if the court finds that such person's participation is in the best interest of the child; provided that the court may limit a party's right to participate in any child protective proceeding if the court deems such limitation of such party's participation to be consistent with the best interests of the child and such party is not a family member who is required to be summoned pursuant to § 587A-13, except as otherwise provided in this chapter. See Hawaii Revised Statutes 587A-4
(b) The protective order shall enjoin a party to be restrained from performing any combination of the following acts:

(1) Contacting, threatening, or physically abusing any protected party or child;
(2) Contacting, threatening, or physically abusing any person residing at the dwelling or residence of any protected party or child; and
(3) Entering or visiting the dwelling or residence of any protected party or child.
(c) The protective order may provide for further relief as the court deems necessary to prevent the occurrence or recurrence of domestic abuse.
(d) The protective order may require a party to leave the party’s dwelling or residence during the period of time in which the protective order is in effect.
(e) The protective order shall be binding upon not only any party against whom the protective order is directed, but also upon each such party’s officers, agents, servants, employees, attorneys, and any other persons in active concert or participation with each such party.
(f) The court may order that an individual be made a party for the limited purpose of issuing a protective order against that individual.
(g) Upon application and a hearing, the court may modify the terms of, or terminate, an existing protective order.
(h) Any party may provide to appropriate law enforcement authorities a copy of a protective order issued pursuant to this section.
(i) The protective order shall become effective upon service pursuant to section 587A-39(a).

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