Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 65 governs restraining orders: when one may issue without notice, what security the court may require, and how specific the order must be.
(b)(b) Restraining order; notice; hearing; duration. Except as provided in HRS §580-10.5, a restraining order may be granted without notice to the adverse party when it clearly appears from specific facts shown by affidavit or declaration or by the verified complaint that immediate relief to the applicant is appropriate. Every restraining order granted without notice shall be filed with the court and entered in the record, shall be accompanied by an appropriate application for further relief, shall be set for a prompt hearing, and shall be served forthwith upon any party or parties affected by the order. It shall continue in effect until further order of the court. Upon notice to the party who obtained the restraining order without notice, the adverse party may move to advance the hearing.
(c)(c) Security. In all cases, the court, on granting a restraining order or at any time thereafter, may require security or impose such other equitable terms as it deems proper. No such security shall be required of the State or a county, or an officer or agency of the State or a county.
The provisions of Rule 65.1 of these Rules apply to a surety upon a bond or undertaking under this Rule.
(d)(d) Form and scope of restraining order. Every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys (to the extent stated in the order), and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
(Amended March 30, 2022, effective April 25, 2022.)
Plain-English Summary
Subject to the statutory exception the rule names, a restraining order may be granted without notice to the adverse party where specific facts shown by affidavit, declaration or a verified complaint make it clear that immediate relief is appropriate. Every order granted without notice is filed with the court, and the rule goes on to set the notice, hearing and duration requirements that follow.
Security is discretionary. On granting an order or at any time afterwards the court may require security or impose other equitable terms it thinks proper. Nothing is required of the State or a county, or an officer or agency of either, and Rule 65.1 governs any surety on a bond given under this rule.
Subdivision (d) is the drafting requirement, and it is exacting. Every restraining order must set out the reasons for its issuance, be specific in its terms, and describe the acts restrained in reasonable detail rather than by referring to the complaint or another document. It binds only the parties, their officers, agents, servants, employees and attorneys, to the extent the rule provides. An order that says only what the complaint said does not meet the standard.
Frequently Asked Questions
Can a Hawaii family court issue a restraining order without notice?
Yes, where specific facts shown by affidavit, declaration or verified complaint make it clear that immediate relief is appropriate, subject to the statutory exception the rule names.
What must a restraining order say?
The reasons for its issuance, specific terms, and a description in reasonable detail of the acts restrained, not a reference to the complaint or another document.
Who is bound by a restraining order?
The parties to the action, their officers, agents, servants, employees and attorneys, to the extent the rule provides.
Do I have to post security?
The court may require it on granting the order or at any time afterwards. No security is required of the State or a county or their officers and agencies.
Is a restraining order stayed if the case is appealed?
Not automatically. Rule 62(a) excepts a judgment containing a restraining order from the ordinary stay, and Rule 62(c) governs restraining orders pending appeal.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 65). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
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