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Domestic Violence and Police Response in Hawaii

What survivors in Hawaii may experience when domestic violence is reported to police.

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CRIMINAL PROCESS

Hawaii Police Response to Domestic Violence Reports

This information describes, in general terms, how police in Hawaii may respond to domestic violence reports. It is not legal advice and may not reflect every situation or island. Local policies can change over time.

When Someone Reports Domestic Violence in Hawaii

When police in Hawaii are called about possible domestic violence, they will usually:

Check whether anyone needs urgent medical help and call paramedics if needed
Separate the people involved to talk to them individually
Ask questions about what happened, including any history of violence or threats
Look for injuries, damaged property, weapons, or other signs of an incident
Take statements from witnesses, neighbours, or children if appropriate
Run checks for prior police reports, active warrants, or existing protective orders

Police response can vary between islands and even between officers, but they are generally expected to assess risk, document what they see and hear, and decide whether a crime may have occurred under Hawaii law.

In some situations, calling police can increase tension or risk in the short term. Planning for safety before and after contacting police can help. Community-based services listed at https://www.dv.support may provide additional information about your options in Hawaii.

When an Arrest Might Occur

Hawaii law encourages police to take domestic violence seriously, especially when there is evidence of physical harm or serious threats. An officer may decide to arrest a person if there is probable cause to believe a crime has been committed, such as:

Assault or physical injury
Unlawful restraint, threats, or intimidation
Violation of a protective order or restraining order
Property damage, stalking, or harassment tied to domestic violence

If officers believe both people may have used force, they usually try to identify the primary aggressor, rather than arresting everyone involved. They may consider injuries, fear, prior reports, self‑defence, and other factors.

Even if a survivor does not want the person arrested, police may still arrest if they believe a crime has occurred. The decision to arrest is generally made by the officers, not by the person calling for help.

Documenting an Incident vs. Filing Criminal Charges

Police documentation and criminal charges are related but different steps:

Documenting an Incident

When police respond, they may create a written report, sometimes including:

Basic information about the people involved
Descriptions of injuries or damage
Statements from those present
Photos of injuries, property, or the scene
Information about prior incidents or protective orders

This documentation can exist even if no one is arrested that day. A report number may be available for future reference.

Filing Criminal Charges

Police do not usually “press charges” themselves. Instead, they:

Prepare and submit their report to prosecutors (the Department of the Prosecuting Attorney for the county)
May recommend certain charges based on what they observed

Prosecutors then decide whether to file criminal charges in court, what charges to bring, and whether to move forward or later dismiss a case. A survivor’s wishes may be considered, but prosecutors can sometimes continue a case even if a survivor no longer wants to participate.

Asking officers for the report number and how to get a copy later can help when speaking with victim services, an advocate, or a lawyer.

What Happens After an Arrest

After a domestic violence arrest in Hawaii, several steps may follow. Details can vary by county, the seriousness of the alleged offence, and whether there are prior cases.

Detention and Booking

The arrested person is typically:

Taken to a police station or jail for booking (identification, fingerprints, photos)
Held in custody for a certain period, especially in more serious cases or where there are safety concerns

In some domestic abuse situations, Hawaii law may require the person be held for a minimum “cooling-off” period before release, though specific rules can differ by case and local practice.

Bail or Release

Depending on the circumstances, the person arrested may:

Be released on their own recognizance (a promise to appear in court)
Be released after posting bail set by a schedule or by a judge
Remain in custody until the first court appearance

Bail amounts and release conditions are usually based on factors such as the seriousness of the charges, prior history, and safety concerns for the survivor and the community.

No-Contact and Other Conditions

When someone is released after a domestic violence arrest, the court or police may issue conditions such as:

No contact with the survivor (in person, phone, text, social media, or through others)
No return to the shared home or workplace
Restrictions on firearms or weapons
Orders not to consume alcohol or drugs if they contributed to the incident

Violating these conditions can lead to new criminal charges or a return to custody.

If you have questions about whether certain contact is allowed under conditions or orders, speaking with a lawyer or a trained advocate can help. This article cannot confirm whether a specific action is a violation.

How Survivors May Be Informed About Court Hearings

Survivors are not always automatically kept up to date about every step in the criminal case, but in many Hawaii counties, there are systems and services that can help with information, including:

Victim/witness assistance programs connected to the prosecutor’s office
Written information or brochures given by police at the time of the report
Court notices mailed to the address on file, if the survivor is listed as a complaining witness
Online or phone systems that allow checking case status in certain counties

Survivors can often contact the prosecutor’s office or a victim advocate to:

Confirm upcoming hearing dates and locations
Ask about protection measures at court
Express safety concerns that may be relevant to bail or sentencing decisions

If you are worried about mail being intercepted or phone calls being monitored, it can be helpful to discuss safer contact methods with an advocate or victim services worker.

Criminal Cases, Protective Orders, and Family Law

In Hawaii, several types of legal processes can happen at the same time after a domestic violence incident:

Criminal Case

Brought by the State of Hawaii through the prosecutor’s office
Focuses on whether the accused person committed a crime
Can result in probation, fines, programs, or jail if there is a conviction

Protective or Restraining Orders

There are different forms of civil orders in Hawaii that can be requested through family or district court. These can:

Order the other person not to contact or come near the applicant
Sometimes address temporary possession of a home, vehicle, or personal items
Be in place even if there is no active criminal case, or if criminal charges are later dismissed

Violating a protective or restraining order can lead to criminal charges, separate from any original offence.

Family Law Cases (Custody, Divorce, Support)

Domestic violence concerns may overlap with family law matters such as:

Divorce or separation
Child custody and visitation
Child or spousal support

Family courts in Hawaii may consider domestic violence when making decisions about parenting time and decision‑making. Evidence from police reports, criminal cases, and protective orders can sometimes be used in family law cases, and information from family law hearings may also show up in criminal proceedings.

Each type of case has different rules and timelines. Getting advice from a Hawaii-licensed lawyer or a trained legal advocate can help in understanding how a criminal case, a protective order, and family law matters may affect each other in a specific situation.

Key Points to Remember

Police in Hawaii generally assess safety, gather information, and may arrest if there is probable cause of a domestic violence-related crime.
Documenting an incident creates a record; prosecutors decide whether to file criminal charges.
After arrest, there may be detention, bail or release, and no‑contact or other protective conditions.
Survivors may receive hearing information through prosecutors, victim services, or court notices, but may need to ask for updates.
Criminal cases can overlap with protective orders and family law cases, each with different purposes and outcomes.

This article provides general information about Hawaii practices and is not legal advice. For guidance on a particular situation, consider speaking with a Hawaii lawyer, a local domestic violence advocate, or a victim assistance program.