According to Hawaii Statute §709-906, it’s illegal for anyone to physically abuse a family or household member in Hawaii. A household member could mean someone related to you by blood, but it doesn’t have to. A household member could be a current or former romantic partner, a partner’s child, or a co-parent. It doesn’t include people who are roommates only.
When you’re the subject of a temporary restraining order (TRO) in Hawaii, or you’re facing criminal charges for domestic violence, it’s important to talk with an attorney who knows Hawaii law and how to immediately defend you in court. And you must remember that any testimony you give in the civil/family TRO hearing can, and will be, used against you for any criminal case that may come out of the same incident.
As a domestic violence attorney, Michael Fayard can defend you against a Hawaii TRO in civil court, criminal charges, or if you’re a service member, in a military court. Fayard is a proud veteran and was Commissioned as an Armor Officer in the Army and assigned to JAG.
You call a restraining order lawyer, that’s how. You get on the phone to Michael Fayard as soon as possible. You tell him what happened. It’s important to be honest and give him the whole story. He isn’t here to judge. He will always handle your restraining order case with respect and compassion.
A TRO prevents you from directly contacting another person or anyone who lives with them, or using any third-party to contact them. These protective orders are important, but they also can be abused. People can try and use them to their advantage, such as during a child custody battle.
Your accuser’s TRO case might be filed in Family Court or the District Court. For a temporary order, you don’t get the opportunity to fight it right away. It goes into effect as soon as you’re formally notified. Then, after you’ve received notice, there will be a hearing scheduled. Call 808-445-6708 and hire a defense lawyer right away.
Michael Fayard will quickly prepare to represent you at the TRO hearing and prevent a TRO from becoming a long-term order. He’ll present your side of the story. If the allegations are entirely false, he’ll present evidence of your accuser’s ulterior motives. Fayard is skilled in showing judges that his clients aren’t going to harm anyone.
An intentional violation of a TRO results in misdemeanor charges. You could end up behind bars for at least 48 hours and fined hundreds of dollars. If you have previous criminal convictions, the penalties get worse.
Michael Fayard knows many alleged TRO violations aren’t intentional. People make mistakes and get confused about what they are or aren’t allowed to do. Call him right away if you’re worried about the consequences of an alleged restraining order violation. He’ll defend you in court.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
Effectively fighting criminal charges based on alleged domestic abuse means calling the right person for help. Michael Fayard is an experienced and aggressive domestic violence lawyer. As a former prosecutor, he knows how the State goes about building cases against defendants. This knowledge helps him strategize and craft a strong defense.
Physical abuse of a family or household member is a misdemeanor. You’re looking at a minimum of 48 hours in jail and fines. If it’s your second offense within one year, it’s at least 30 days in jail, and you’re labeled a repeat offender. A third or additional offense within two years of a second or previous conviction is a Class C felony.
The charges and penalties also get harsher depending on the type of violence. Strangulation is a Class C felony punishable by up to five years in prison. Kidnapping a person is a Class A or B felony. A Class A felony leads to 20 years in prison, while a Class B felony results in 10 years in prison. Both lead to tends of thousands of dollars in fines, too.
You also could face a misdemeanor or felony for another violent crime, such as assault, sexual assault, or harassment by stalking. It all depends on the facts of your case and how aggressively the prosecutor wants to pursue charges. No matter the charge, whether it’s a misdemeanor or felony, you should work with an experienced attorney with a track record of success.
In addition to fines and incarceration, you can be required to complete a domestic violence intervention program. This might sound frustrating but talk with attorney Michael Fayard about it. By completing court intervention and following the rules, you can avoid doing more than the absolute minimum jail time.
It’s important to take restraining orders and domestic violence allegations seriously, even if they don’t lead to felony charges. Your friends, relatives, and coworkers might find out about this situation, and it might lower their opinion of you. It could stand in the way of your relationships or even career opportunities.
If you’re convicted of a violent or sexual crime, the consequences are worse. A conviction gives you a permanent criminal record that can impact your education, housing, professional licensing, job opportunities, or military career.
There are ways to deal with these potential consequences. But the best way is to avoid a conviction altogether. And the best way to do that is with an experienced lawyer’s help. Michael Fayard will work to have the TRO end and not become a long-term order. He’ll fight to have any criminal charges dropped or dismissed. When that’s not possible, there’s still a lot he can do to help you obtain the best possible outcome in your case.
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When you retain Michael Fayard, you can rest assured he gets started on your case immediately. There’s no time to lose in investigating what happened and gathering evidence that can help you get the TRO or criminal charges dismissed. Attorney Fayard takes a hard look at the facts, including who, what, when, and where. Who actually did and said what? He needs to know everything to attack the elements of the State’s case.
He also looks into your accuser’s circumstances and possible motives. It wouldn’t be the first time a lawyer and judge have seen someone use the law to seek revenge or gain the upper hand in a family law matter. It also wouldn’t be the first time we’ve seen a misunderstanding get out of hand. In these cases, what’s needed most is time and distance—not criminal charges or a stigmatizing protective order.
The best defense against a restraining order or criminal charges depends on the specific allegations against you and the facts of your case. What might work for one person might not work for you. Attorney Fayard knows that, which is why he gets to know you and your circumstances before offering strategic legal advice. He’ll fight the charges with a customized defense.
To learn more about Hawaii law regarding domestic violence and restraining orders, schedule a consult. You can reach out online or call 808-445-6708. We have affordable, flat-free representation, and there is no charge for your initial consultation.