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Temporary Restraining Orders

Are you the target of a TRO?

Temporary restraining orders (TROs) number in the hundreds each year because they are relatively easy to get. Any person, with or without an attorney can go to a District Court or Family Court location in Hawaii and ask for a restraining order against you, without you being there to provide your point of view, and without you even being aware that he or she is doing so.

It's important that you get the right answers. Defense attorney Kevin O'Grady is a very knowledgeable and experienced former prosecutor who will protect your legal rights. If you've been served with a restraining order or need to file one against someone else, you can contact his law offices for a free, no-commitment discussion of your circumstances.

Reasons for a temporary restraining order

The restraining order you received might be:

  • a part of a Domestic Violence incident
  • a dispute between two unrelated persons
  • a criminal "No Contact" order

Each of these is a document signed by a judge, ordering you to stay away from the Petitioner and/or not contact him or her (or "them;" the order might cover more than one person, for example, a woman and her children, an individual and his/her spouse). Particular forms of physical, verbal, and/or electronic contact (for example, phone, texting and email) may be forbidden by the order. You also be ordered away from your own house or residence or workplace or a common location you frequent regularly. You will also be ordered to immediately surrender all firearms, ammunition, and firearms permits even though you may not have been criminally charged with anything and you haven't been found guilty of committing any crime.

What to Do If You Were Served with a TRO

When you receive a TRO, it's very important that you:

  1. Abide by the order ; that is, do not violate it. No matter how unfair or unjustified you feel that the order is, it is not in your best interest to try to work it out alone with the Petitioner.
  2. Contact a skilled defense attorney to protect your legal rights. The negative consequences of a restraining order merit the presence of a qualified lawyer who is on your side.

If you haven't been served with a restraining order but you suspect that you will be served, it's still an appropriate time to contact a defense attorney. There are several ways that Kevin O'Grady can argue against a TRO or an injunction, and there are ways that he can minimize or even eliminate the negative consequences of being served with a restraining order.

Child Protective Service Hearing

CPS has been called and now the state is involved in your family. Police Officers will frequently call in the social workers of CPS who usually have already made up their minds about what they think you have done. Their answer? To have the state control your life, your family and raise your children. The social workers have no problem thinking they know best for you and your family. This is a separate proceeding from any criminal proceeding, but the consequences can be long lasting to you and your children. CPS proceedings can go on for a long time, sometimes much longer than a criminal proceeding for a related offense and the financial and emotional cost can be significant for you to defend again the CPS. You need an experienced trial attorney to tackle the CPS. Kevin O'Grady is that attorney.