Form 3DC51 "Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment; Declaration of Petitioner; Temporary Restraining Order Against Harassment; and Notice of Hearing" - Hawaii

What Is Form 3DC51?

This is a legal form that was released by the Hawaii District Courts - a government authority operating within Hawaii. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2011;
  • The latest edition provided by the Hawaii District Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 3DC51 by clicking the link below or browse more documents and templates provided by the Hawaii District Courts.

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Download Form 3DC51 "Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment; Declaration of Petitioner; Temporary Restraining Order Against Harassment; and Notice of Hearing" - Hawaii

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P
e
P
t
r
Form# 3DC51
etition for
x
arte
emPorary
estraining
o
i
a
H
;
rder and for
njunction
gainst
arassment
d
P
; t
r
eclaration of
etitioner
emPorary
estraining
o
a
H
;
n
H
rder
gainst
arassment
and
otice of
earing
i
t
d
c
t
c
n
He
istrict
ourt of tHe
Hird
ircuit
d
ivision
s
H
tate of
awai
i
Petitioner(s)
Reserved for Court Use
Civil No.
Respondent(s) (if known, list Address, Telephone, DOB and SSN
Petitioner(s)/Petitioner(s)’ Attorney (Name, Attorney Number,
for each respondent)
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:
1. 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 harming
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.
Signature of Petitioner(s):
Date:
Print/Type Name(s):
tro
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
Reprographics (07/11)
Page 1 of 3
3d-P-250
RevaComm 508 Certified
P
e
P
t
r
Form# 3DC51
etition for
x
arte
emPorary
estraining
o
i
a
H
;
rder and for
njunction
gainst
arassment
d
P
; t
r
eclaration of
etitioner
emPorary
estraining
o
a
H
;
n
H
rder
gainst
arassment
and
otice of
earing
i
t
d
c
t
c
n
He
istrict
ourt of tHe
Hird
ircuit
d
ivision
s
H
tate of
awai
i
Petitioner(s)
Reserved for Court Use
Civil No.
Respondent(s) (if known, list Address, Telephone, DOB and SSN
Petitioner(s)/Petitioner(s)’ Attorney (Name, Attorney Number,
for each respondent)
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:
1. 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 harming
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.
Signature of Petitioner(s):
Date:
Print/Type Name(s):
tro
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
Reprographics (07/11)
Page 1 of 3
3d-P-250
RevaComm 508 Certified
page 2 of 3
declaration of petitioner(s)
Petitioner(s) 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. Please include dates of events.)
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 st ated in the petition and declara tion are true and correct .
Signature of Petitioner(s):
Print/Type Name:
Date:
Reprographics (07/11)
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3d-P-250
RevaComm 508 Certified
page 3 of 3
temporary restraining order against harassment
(reserved for Court use only)
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 st atutes §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 hawai‘i
county police department (any District Police Station in Hawai‘i County), for the duration of this order or any extension
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 manda tory. [haWai‘i reVised st atutes §604-10.5, §706-663 and §706-640].
Date:
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 _____________________________________________________________________________________________________________,
on ____________________________________________________________________________ , 20 ____ at ______ o’clock ____ .M.
Prior to the scheduled hearing date, you or your attorney may file a written response explaining, justifying, or denying the alleged at 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 designa ted, 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 con­
vincing 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(s) 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 , and other applicable State and Federal laws, if you require an accommodation for your disability
when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. (808) 961-7424, FAX (808)
961-7411, or TTY (808) 961-7422 at least (10) working days before your preceeding, hearing, or appointment date.
For all Civil related matters, please call or visit the District Court at: Hilo Division, 777 Kilauea Avenue, Hilo, Ph. (808) 961-7515 • Kohala Division,
67-5187 Kamamalu Street, Kamuela, Ph. (808) 443-2030 • Kona Division, 79-1020 Haukapila Street, Kealakekua, Ph. (808) 322-8700.
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