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Attorney2
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Experience:  28 Years In General Practice,
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My ex filled a tro which is ridulous. It was denied, he went

Customer Question

My ex filled a tro which is ridulous. It was denied, he went back filled again then never showed up at court, he then filled another and canceled the court date. Is the tro still valid. This man files these every time he does something stupid to me such as screwdriver the whole side of my car, call and day bad things etc.... Is this considered harrashment.
Submitted: 3 months ago.
Category: Legal
Expert:  Attorney2 replied 3 months ago.

Welcome and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 3 months ago.

It certainly could be if he has no legal basis for filing these TRO's.

Is there any truth to his filings? If not this would be harassment as well as filing frivolous actions in court. Where in Hawaii are you located?

Customer: replied 3 months ago.
I'm. Located in Honolulu. Everything he put down is what he is going. He calls me asks me out drives by my house even with tro. Even the police who served Me said the tro should never been issued when they read it. I'm am also disabled and can barley get around most days.
Expert:  Attorney2 replied 3 months ago.

Everything he put down is what he is going

I think you are saying that everything that goes on is what he is doing. Please correct me if I am wrong.

You are being harassed and if you want this stop you will need to file against him.

"Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 604-1

(a) For the purposes of this section:

“Course of conduct” means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose.

“Harassment” means:

(1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault;  or

(2) An intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual and serves no legitimate purpose;  provided that such course of conduct would cause a reasonable person to suffer emotional distress.

(b) The district courts shall have the power to enjoin, prohibit, or temporarily restrain harassment.

(c) Any person who has been subjected to harassment may petition the district court of the district in which the petitioner resides for a temporary restraining order and an injunction from further harassment.

(d) A petition for relief from harassment shall be in writing and shall allege that a past act or acts of harassment may have occurred or that threats of harassment make it probable that acts of harassment may be imminent;  and shall be accompanied by an affidavit made under oath or statement made under penalty of perjury stating the specific facts and circumstances for which relief is sought.

(e) Upon petition to a district court under this section, the court may allow a petition, complaint, motion, or other document to be filed identifying the petitioner as “jane doe” or “john doe”;  provided that the court finds that the “jane doe” or “john doe” filing is reasonably necessary to protect the privacy of the petitioner and will not unduly prejudice the prosecution or the defense of the action.

In considering a petition requesting a “jane doe” or “john doe” filing, the court shall weigh the petitioner's interest in privacy against the public interest in disclosure.

The court, only after finding clear and convincing evidence that would make public inspection inconsistent with the purpose of this section, may seal from the public all documents or portions of documents, including all subsequently filed documents, that would identify the petitioner or contain sufficient information from which the petitioner's identity could be discerned or inferred.  Access to identifying information may be permitted to law enforcement or other authorized authority, in the course of conducting official business, to effectuate service, enforcement, or prosecution, or as ordered by the courts.

(f) Upon petition to a district court under this section, the court may temporarily restrain the person or persons named in the petition from harassing the petitioner upon a determination that there is probable cause to believe that a past act or acts of harassment have occurred or that a threat or threats of harassment may be imminent.  The court may issue an ex parte temporary restraining order either in writing or orally;  provided that oral orders shall be reduced to writing by the close of the next court day following oral issuance.

(g) A temporary restraining order that is granted under this section shall remain in effect at the discretion of the court for a period not to exceed ninety days from the date the order is granted.  A hearing on the petition to enjoin harassment shall be held within fifteen days after the temporary restraining order is granted.  If service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing;  provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted.

The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment.  The court shall receive all evidence that is relevant at the hearing and may make independent inquiry.

If the court finds by clear and convincing evidence that harassment as defined in paragraph (1) of that definition exists, it may enjoin for no more than three years further harassment of the petitioner, or that harassment as defined in paragraph (2) of that definition exists, it shall enjoin for no more than three years further harassment of the petitioner;  provided that this paragraph shall not prohibit the court from issuing other injunctions against the named parties even if the time to which the injunction applies exceeds a total of three years.

Any order issued under this section shall be served upon the respondent.  For the purposes of this section, “served” shall mean actual personal service, service by certified mail, or proof that the respondent was present at the hearing at which the court orally issued the injunction.

Where service of a restraining order or injunction has been made or where the respondent is deemed to have received notice of a restraining order or injunction order, any knowing or intentional violation of the restraining order or injunction order shall subject the respondent to the provisions in subsection (i).

Any order issued shall be transmitted to the chief of police of the county in which the order is issued by way of regular mail, facsimile transmission, or other similar means of transmission.

(h) The court may grant the prevailing party in an action brought under this section costs and fees, including attorney's fees.

(i) A knowing or intentional violation of a restraining order or injunction issued pursuant to this section is a misdemeanor.  The court shall sentence a violator to appropriate counseling and shall sentence a person convicted under this section as follows:

(1) For a violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours;  and

(2) For any subsequent violation that occurs after a second conviction for violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days.

The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1) and (2), upon appropriate conditions, such as that the defendant remain alcohol- and drug-free, conviction-free, or complete court-ordered assessments or counseling.  The court may suspend the mandatory sentences under paragraphs (1) and (2) where the violation of the injunction or restraining order does not involve violence or the threat of violence.  Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.

(j) Nothing in this section shall be construed to prohibit constitutionally protected activity."

http://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-604-10-5.html#sthash.sqIy7qFI.dpuf

"COMMENTARY ON §711-1106

Harassment, a petty misdemeanor, is a form of disorderly conduct aimed at a single person, rather than at the public. The intent to harass, annoy, or alarm another person must be proved.

Subsection (1)(a) is a restatement of the common-law crime of battery, which was committed by any slight touching of another person in a manner which is known to be offensive to that person. Such contacts are prohibited, if done with requisite intent, in order to preserve the peace.

Subsection (1)(b) is likewise aimed at preserving peace. It prohibits insults, taunts, or challenges which are likely to provoke a violent or disorderly response. This is distinguished from disorderly conduct because it does not present a risk of public inconvenience or alarm.

Subsections (1)(c) and (1)(d) are aimed at abusive communications. The former prohibits any telephone call which is made with the specified intent and without any legitimate purpose. The latter prohibits any type of repeated communications which are anonymous, made at extremely inconvenient times, or in offensively coarse language. Again, the intent to harass, annoy, or alarm must be proved. Nearly all states have statutes prohibiting such conduct. Our aim is to make them broad enough to cover all types of potentially annoying communications. http://www.capitol.hawaii.gov/hrscurrent/vol14_ch0701-0853/hrs0711/hrs_0711-1106.htm

You have the power to bring an injunction against him which is the court ordering him to case and desist this behavior.

§604-10.5 Power to enjoin and temporarily restrain harassment. (a) For the purposes of this section:

"Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose.

"Harassment" means:

(1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault; or

(2) An intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual, and that serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer emotional distress.

http://www.capitol.hawaii.gov/hrs2006/Vol13_Ch0601-0676/HRS0604/HRS_0604-0010_0005.HTM

I can provide you with a link for local Attorneys that provide FREE consultations in your area that could assist you. Please let me know if that would be helpful.

Expert:  Attorney2 replied 3 months ago.

If you any additional questions for me please do not hesitate to let me know. Thank you for using JA we appreciate your business. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Expert:  Attorney2 replied 3 months ago.

Please ignore the additional services request. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA! We appreciate your business.