The safety of the public and police personnel
shall be the primary consideration in serving
or enforcing any court order for protection.
DEFINITIONS
A. Court order for protection: Any order
from the courts that seeks to protect persons
or their property rights. It shall include
temporary restraining orders (TROs), restraining
orders (ROs), no contact orders, protective
orders, divorce decrees containing an order
for protection, and other similar court orders.
B. Employee: Anyone who performs work for
the department on a full- or part-time basis.
This includes all Honolulu Police Department
(HPD) civil service personnel, reserve officers,
contract employees, and volunteers.
Reasonable efforts should be made to serve any
type of valid court order for protection that
comes to the attention of the department.
COURT ORDER FOR PROTECTION LEDGERS
A court order for protection ledger shall be
maintained by each patrol element. The ledger
provides a record of all orders for protection
that are received by a district, including those
transferred to other districts for service.
The Ledger of Court Orders for Protection,
HPD-464 form, shall be used for this purpose.
Officers shall enforce any type of valid court
order for protection issued to cease and desist
from any trespass, physical abuse, threat, or harassment.
GENERAL RULES GOVERNING SERVICE OF ORDERS FOR PROTECTION
A. A court order for protection shall be served
only during the hours indicated on the order.
In particular, a court order for protection shall
not be served on premises during the restricted
hours when the premises are closed to the public
unless a judge has given written authorization to do so.
B. A court order for protection is considered
“served” upon a respondent if all of the following
conditions are satisfied:
1. Identification of the respondent has been established;
2. The respondent has been made aware of the existence of the order; and
3. The respondent has been provided a copy of the order.
An officer may accompany an individual who
has a court order that does not authorize
police action but only to ensure the
preservation of peace and to prevent
violations of the law.
SERVICE OF AN ORDER FOR PROTECTION ISSUED BY A HONOLULU COURT
An order for protection issued by a Honolulu
court (Circuit, District, or Family Court) is
served in one of the following ways:
A. The order is issued directly to the respondent
in court by the judge or the order is served by
the Sheriff Division, Department of Public Safety.
In both cases:
1. A certified copy of the order is sent to the
Records and Identification Division for recording
and filing in one of the following ways:
a. The copy is picked up and delivered by a
District 1 officer at the end of the business day; or
b. The copy is delivered by the courts via mail.
2. Upon receipt of a copy of a served court
order for protection, the Records and
Identification Division shall:
a. Ensure that the order is entered into the
Records Management System (RMS) without delay;
b. File the order with the Records Unit,
Records and Identification Division; and
c. Check for firearms registered to the
respondent. Also, notify the Specialized
Services Division (SSD) directly during
normal working hours if unrecovered firearms
are found.
At all other times, the Records and Identification
Division shall notify the Communications Division.
The Communications Division shall in turn notify
the major or captain of the SSD.
In all cases where the respondent is suspected
of possessing firearms, the SSD shall make attempts
to serve the orders and recover the outstanding firearms.
B. The order may be referred directly to a
district patrol command for service. In this case:
1. The petitioner is responsible for taking
two certified copies of the order to the district
station or substation in the area in which the
respondent resides and/or works. In the event
the petitioner takes the order to the wrong
station, the receiving officer shall accept the
document from the petitioner and then contact
the correct station and immediately have the
document transferred there for service.
2. Upon receipt, the officer receiving the order shall:
a. Initiate an Incident Report, HPD-192 form,
with the facts provided in the order;
b. Enter the applicable information in the
court order for protection ledger;
c. Write the ledger number and the HPD report
number on the top right corner of the order;
d. Attach an Attempt to Serve Legal Instrument,
HPD-222 form, to the order;
e. Make a firearms check via the HPD computer,
the Communications Division, or the Firearms
Unit, Records and Identification Division;
f. Send the original reports to the Records
Unit for filing; and
g. Inform his or her supervisor of the order.
3. The supervisor shall have an officer make
attempts to serve the order.
4. In the event the respondent possesses firearms,
the SSD shall be notified immediately. During
normal working hours, the SSD shall be contacted
directly. At all other times, the officer shall
notify the Communications Division. The
Communications Division shall in turn notify the
major or captain of the SSD.
In all cases where the respondent is suspected
of possessing firearms, the SSD shall make attempts
to serve the orders and recover the outstanding firearms.
5. Upon service, the officer shall enforce all
other specific orders in the document, e.g.,
vacating a residence, retrieving clothing, and
similar provisions.
6. Upon completion of service, the serving officer shall:
a. Enter the date and time of service in the
court order for protection ledger;
b. Write a follow-up report, documenting the service of the order;
c. Write the HPD report number in the upper
right corner of the proof/return of service
form and ensure that the form is completely filled out;
d. Submit a certified copy of the order; a
copy of the completed proof/return of service
form; the completed Service of Legal Instrument
Attempt, HPD-222 form; and the follow-up report
to the Records Unit; and
e. If the proof/return of service form is not
available, document the date and time of service
in a police report and attach that report to the
court order. The report should contain the following information:
(1) Type of order (i.e., TRO, injunction, etc.);
(2) Court case number;
(3) Identities of the parties involved; and
(4) Date, time, and location of service.
f. Forward the original, completed proof/return
of service form and a copy of the follow-up report
to the appropriate Honolulu court as soon as possible.
NOTE: All District Court proof/return of
service forms and copies of the follow-up
reports shall be sent to the Civil Division,
Honolulu District Court; the forms must be
received by 1430 hours the day before the hearing.
If this deadline cannot be met:
(1) Fax the proof/return of service form and
the follow-up report to the Civil Division at
the number listed on the attachment; and
(2) Telephone the Civil Division at the number
listed on the attachment and leave a voicemail
message informing them of the incoming facsimile.
7. In the event the respondent cannot be located:
a. The officer shall notify his or her supervisor;
b. The officer shall ensure that an incident report
and a copy of the order are submitted to the Records
Unit without delay;
c. The certified copies of the order shall be filed
at the district station or substation until service is completed;
d. Each watch commander at the district station
or substation shall be notified of any outstanding
orders at the beginning of each watch; and
e. If service of the order cannot be completed
within seven days, the watch commander shall
contact the court.
8. In the event the petitioner takes the certified
copies of the order to the wrong station, the
receiving officer shall accept the document from
the petitioner and then contact the correct station
and immediately have the document transferred there
for service.
9. The return of unserved orders and the transfer
of orders between districts shall be recorded in
the court order for protection ledger.
C. The order may be transmitted electronically
to the department for service. This only applies
to TROs. In this case:
1. The court electronically submits a certified
copy of the order to the Records Unit at
[email protected].
2. The Records Unit shall check the electronic
mailbox every business day at 1600 hours. The
Records Unit shall identify the district in
which the order is to be served and forward the
order to the district.
3. The third watch commander of each district
shall ensure that the district’s electronic
mailbox is checked every business day at 1630
hours. The orders shall be printed and each
commander shall:
a. Initiate an Incident Report, HPD-192 form,
with the facts provided in the order and indicate
that the order was electronically transmitted;
b. Enter the application information in the
court order for protection ledger;
c. Write the ledger number and the HPD report
number on the top right corner of the order;
d. Attach an Attempt to Serve Legal Instrument,
HPD-222 form, to the order;
e. Make a firearms check via the HPD computer,
Communications Division, or Firearms Unit (Records
and Identification Division); and
f. Send the original reports with the completed
tally sheet (from the court) to the Records Unit
for filing.
4. The district watch commander shall have an
officer make attempts to serve the order.
5. In the event the respondent possesses firearms,
the SSD shall be notified immediately. During
normal working hours, the SSD shall be contacted
directly. At all other times, the officer shall
notify the Communications Division. The
Communications Division shall in turn notify the
major or captain of the SSD.
In all cases where the respondent is suspected of
possessing firearms, the SSD shall make attempts
to serve the orders and to recover the outstanding firearms.
6. Upon service, the officer shall enforce all
other specific orders in the document, e.g.,
vacating a residence, retrieving clothing, and
similar provisions.
7. Upon completion of service, the serving
officer shall:
a. Enter the date and time of service in the
court order for protection ledger;
b. Write a follow-up report, documenting
the service of the order;
c. Write the HPD report number in the upper
right corner of the proof/return of service
form and ensure that the form is completed;
d. Submit a copy of the order, a copy of the
completed proof/return of service form, the
completed HPD-222 form, and the follow-up
report to the Records Unit;
e. If the proof/return of service form is not
available, document the date and time of service
in a police report and attach the report to the
court order. The police report should contain
the type of order (i.e., TRO); court case number;
identities of the parties involved; and date, time,
and location of service; and
f. Forward the completed, original proof/ return
of service form and a copy of the follow-up report
to the Family Court as soon as possible.
8. In the event the respondent cannot be located:
a. The officer shall notify his or her supervisor;
b. The officer shall ensure that an incident report
and the order are submitted to the Records Unit without delay;
c. The order shall be filed at the district station
or substation until service is completed;
d. Each watch commander at the district station
or substation shall be notified of any outstanding
orders at the beginning of each watch; and
e. If service of the order cannot be completed
within seven days, the watch commander shall
contact the court.
9. In the event the order is forwarded to the
wrong station, the watch commander shall contact
the correct station and immediately forward the
document for service.
10. The return of unserved orders and the transfer
of orders between districts shall be recorded in
the court order for protection ledger.
SERVICE OF AN OUT-OF-STATE OR OUT-OF-COUNTY COURT
ORDER FOR PROTECTION
A. As a result of the federal Violence Against
Women Act of 1994 (VAWA), all orders for protection
(including out-of-state and out-of-county orders)
shall be given full faith and credit.
B. Efforts shall be made to establish the validity
of each order prior to it being served.
C. Such orders shall be served as outlined in section IV above.
MILITARY PROTECTIVE ORDERS
A. Military protective orders are issued
by base commanders under the authority of
the Uniform Code of Military Justice.
Military protective orders are administrative
in nature and, therefore, not covered by the
VAWA and not enforceable by HPD officers.
B. The military services are required to inform
civilian law enforcement agencies of issued
military protective orders and will deliver a
copy to the nearest police station. Upon receipt,
the receiving officer shall:
1. Initiate a Miscellaneous Public report for our records; and
2. Attach the military order to the report.
C. When responding to calls for service involving
a violation(s) of military protective orders, officers shall:
1. Initiate a Miscellaneous Public report documenting the incident; and
2. Enforce all applicable laws (e.g., Abuse of
Family and Household Members, harassment, and assault).
ENFORCEMENT PROCEDURES FOR COURT ORDERS FOR PROTECTION
A. A court order for protection is effective
from the date of service and is valid for the
period established in the order. The most
current, valid order takes precedence over any
previously issued order.
B. A violation of a court order for protection
is a breach of a judge’s order and is punishable
as a misdemeanor. The petitioner is unable to withdraw a complaint.
C. Officers shall prepare written order violation
(crime code 260) reports for all incidents involving
alleged violations of a court order. Incidents that
do not result in a violation shall be closed as a matter of record.
D. In all violation cases, a complete and detailed
investigation shall be completed. At a minimum, a
complete investigation should include the following:
1. Incident Report, HPD-192 form;
2. Witnesses’ statements, HPD-252 form;
3. Follow-up reports;
4. Constitutional Rights Warning, HPD-81 form;
5. Suspect’s statement;
6. Photographs (of evidence, injuries, etc.);
7. Description of evidence recovered;
8. A copy of the order;
9. Documentation of the service of the order;
10. Summary of the suspect’s criminal history; and
11. Any information regarding the suspect’s access to firearms.
E. If the suspect is present at the scene and
probable cause for an arrest exists, an arrest
shall be made. A report must be completed and
distributed in the same way as reports for other
misdemeanor arrests.
In the case of a violation of a court order for
protection where the suspect has left the scene,
the following procedures shall be followed:
1. An investigation shall be initiated as
outlined in section VII C above;
2. If probable cause exists, attempts shall
be made to locate and arrest the suspect;
3. The commander of the district in which
the violation originated shall be responsible
for coordinating the search for and arrest of
the suspect;
4. Prior to initiating an arrest, the Warrants
Unit, Records and Identification Division,
should be contacted to ensure that a penal
summons has not been issued in the case. If a
penal summons has been issued, the suspect shall
not be arrested. Instead, an attempt shall be
made to serve the penal summons; and
5. A copy of the completed case shall be forwarded
to the Victim/Witness Kokua Services Division,
Department of the Prosecuting Attorney, to initiate
the penal summons process.
G. Probable cause for an arrest shall be determined
by the totality of circumstances involved in the case.
The following details may be considered:
1. The facts and circumstances of the present incident;
2. The ability to document the present incident, i.e.,
obtaining written statements or gathering physical evidence;
3. Imminent danger to the petitioner; and
4. Prior history of the respondent:
a. Previous violations of the order;
b. Prior harassment, threats, or physical abuse;
c. Drug, alcohol, or any other substance abuse; and
d. Access to firearms.
H. A copy of the order for protection and
documentation of service shall be attached
to the arrest reports for court purposes.
I. The arresting officer and/or Central
Receiving Division personnel shall assist
the screening and intake prosecutor in
obtaining the necessary reports to complete
the case.
J. An officer who is investigating a violation
of a court order for protection and is in need
of more information (e.g., the parties involved,
the date of issuance, or the proof/return of
service) may obtain the information in one of
the following ways:
1. Check all HPD records management systems;
2. Contact the Communications Division for a
check of the HPD computer files for any information;
3. Contact the Records Unit, which has a copy
of the order on file;
4. Contact the patrol district station or
substation that served the court order on
the respondent to obtain a check of the court
order for protection ledger;
5. For District Court orders, the officer may
also call the Civil Division (see the attachment),
from 0745 to 1630 hours, Monday through Friday;
it has the original order on file;
6. For Family Court orders, the officer may also
call the Family Court (see the attachment) from
0745 to 1630 hours, Monday through Friday; the
court has the original order on file; and
7. For Circuit Court orders, the officer may
also contact the appropriate Circuit Court
section cited in the order.
K. Out-of-state and out-of-county court orders
for protection shall be handled in the same way
as other court orders for protection.
1. The officer should make a reasonable effort
to determine the validity of the order.
2. Efforts shall be made to enforce the order.
L. When proof of service of an order cannot be
established, the officer shall:
1. Not effect an arrest;
2. Serve the order on the respondent, thereby
ensuring that subsequent violations will be cause for arrest;
3. Document the service of the order; and
4. Submit a detailed written report of the incident.
COURT ORDERS FOR PROTECTION DIRECTED AT DEPARTMENTAL PERSONNEL
A. Investigative Responsibilities
1. The Criminal Investigation Section,
Professional Standards Office (PSO), is
responsible for completing criminal
investigations of violations of court
orders for protection directed at departmental employees.
2. The Administrative Investigation Section,
PSO, is responsible for completing administrative
investigations of violations of court orders
for protection directed at departmental employees.
B. All Cases Involving Employees
1. When a court order for protection is
issued by a judge in the presence of the
respondent employee, the employee shall:
a. Comply with the provisions of the order immediately;
b. Notify and provide a copy of the order to
his or her supervisor as soon as practicable; and
c. Submit a Notification of Criminal Proceeding/
Civil Action, HPD-195 e-form, with a copy of the
order to the PSO within 48 hours and send a copy
to the division-level commander.
The employee’s supervisor shall forward a copy of
the order directly to the division-level commander.
2. When an employee is suspected of violating a
court order for protection, the following procedures shall be followed:
a. In all cases, a complete and detailed
investigation shall be completed. At a minimum,
a complete investigation includes the following:
(1) Incident Report, HPD-192 form;
(2) Witnesses’ statements, HPD-252 form;
(3) Follow-up reports;
(4) Constitutional Rights Warning,
HPD-81 form;
(5) Suspect’s statement;
(6) Photographs (of evidence, injuries, etc.);
(7) Description of evidence recovered;
(8) A copy of the order; and
(9) Documentation of the service of the order.
b. If the suspected employee is present and
probable cause for arrest exists, an arrest
shall be made. The report is to be completed
and distributed in the same way as other
misdemeanor arrest reports.
c. Patrol personnel shall notify the Criminal
Investigation Section of each case in accordance
with Policy 5.01, COMPLAINTS AND INTERNAL INVESTIGATIONS.
(1) During normal working hours, the officer
initiating the report or the officer’s
supervisor shall notify the Criminal Investigation Section.
(2) At all other times, the officer initiating
the report or the officer’s supervisor shall
notify the on-duty Criminal Investigation Division
lieutenant, who in turn shall notify the Criminal
Investigation Section lieutenant.
(3) Notification should be made from the scene
immediately upon determining that a crime has been committed.
d. Upon being notified, the PSO shall assist
the patrol officers. If a suspected employee
needs to be located and arrested, the PSO
shall direct the investigation and search.
e. Copies of all reports shall be sent or
faxed to the PSO no later than the end of
the initiating officer’s tour of duty.
f. If a report of a violation is received
via 911, the dispatcher shall immediately
notify the on-duty supervisor in the
Communications Division. The on-duty
supervisor shall prepare a written report
of each call and send it through channels
to the Criminal Investigation Section no
later than the end of the watch.
3. Section 134-7(f), Hawaii Revised Statutes,
prohibits the possession of firearms and
ammunition by anyone named as a respondent
in certain court orders for protection during
the period the order is in effect unless the
order specifically permits the possession of
firearms and ammunition.
a. Court orders governed by this law are
those that restrain a person from contacting,
threatening, or physically abusing anyone.
b. The court order will contain specific
wording imposing the prohibition or permitting
the possession of firearms and ammunition.
c. Even if a court order permits an officer
to retain his or her firearms and ammunition
while on duty, the department may determine
independently that the circumstances of the
case warrant the surrender of all firearms
and ammunition. This prohibition shall be
enforced administratively; see section VIII
C 2 below.
C. Cases Involving Officers
1. Service of an Order
a. When a court order for protection is issued
by a judge in the presence of the respondent
officer, the following shall apply:
(1) The officer and the officer’s supervisor
shall comply with section VIII B 1 above; and
(2) The officer’s division-level commander or
second in command shall promptly report the
facts and circumstances of the order to the
Chief of Police so that a final determination
can be made about the officer’s retention of
firearms and ammunition.
b. When a court order for protection is issued
outside the presence of the respondent officer
and the order is taken to the district patrol
command in the area of the
officer’s residence for service, the following shall apply:
(1) District patrol command personnel shall:
(a) Review the order and all documentation related to its justification;
(b) Initiate an HPD report;
(c) Enter the order in the court order for protection ledger;
(d) Make the necessary records check for firearms;
(e) Notify the officer’s
division-level commander or second in command to
pick up and serve the order as soon as possible; and
(f) Assist in the service of the order at an
officer’s residence (when assistance is requested
by the officer’s commander or second in command).
(2) A court order for protection naming an officer
as the respondent shall be served by the officer’s
division-level commander or second in command.
The commander or second in command shall:
(a) Serve the order on the officer;
(b) Ensure that the officer understands and complies with the order;
(c) Promptly report the facts and circumstances of the order to the Chief of Police so that a final determination can be made about the officer’s retention of firearms and ammunition;
(d) Forward a copy of the order to the PSO; and
(e) Ensure that the officer informs the PSO of the service of the order via a Notification of Criminal Proceeding/Civil Action, HPD-195 e-form.
2. Full Surrender of Firearms and Ammunition
a. The officer will be ordered to surrender
all firearms and ammunition (both city-owned
and privately owned) if any one of the following
applies:
(1) The order for protection prohibits the
retention of firearms and ammunition;
(2) The order for protection restrains the
officer from contacting, threatening, or
physically abusing anyone covered by the term
“family or household member” as defined in Section
709-906(1), HRS; or
(3) The Chief of Police determines that the
facts and circumstances of the case warrant
having the officer surrender all firearms and ammunition.
b. In cases of this sort, the Human Resources
Division (HRD) shall prepare the memorandum of
notification requiring the surrender of all
firearms, ammunition, and other equipment for
the Chief’s signature.
c. The officer’s division-level commander
or second in command shall:
(1) Order the officer to surrender all firearms
(to include supplemental and privately owned
firearms), ammunition, and other equipment;
(2) Ensure that all firearms are accounted for
by checking the records of the Firearms Unit;
(3) Initiate a Miscellaneous Public report and
evidence report documenting the court order and
the surrender of the firearms, ammunition, and
other equipment;
(4) Have the surrendered firearms, ammunition,
and other equipment, along with all documentation,
submitted to the Property and Supply Section,
Finance Division (for city property), and to the
Evidence Unit, Records and Identification Division
(for personal property).
(5) Direct the officer to obtain a temporary
identification card from the HRD;
(6) Notify the officer that all special duty
privileges have been suspended as of the time
of notification. Also, inform the MED of the
suspension;
(7) Direct the officer to wear appropriate civilian
attire (without a firearm) during court appearances
and for all other on-duty activities; and
(8) Notify the commander of the division where
the officer is to be assigned of the circumstances
of the order for protection and arrange for the
special assignment of the officer.
d. When served with the order, the officer shall
comply with all of its provisions immediately.
3. Partial Surrender of Firearms and Ammunition
a.The officer will be permitted to retain
department-issued firearms and ammunition
while on duty only if all three of the following apply:
(1) The order for protection permits the
retention of firearms and ammunition while
the officer is on duty;
(2) The order for protection does not restrain
the officer from contacting, threatening, or
physically abusing anyone included in the term
“family or household member” as defined in Section
709-906(1), HRS; and
(3) The Chief of Police determines that the
facts and circumstances of the case warrant
having the officer retain his or her department
-issued firearms and ammunition while on duty.
b. In such cases, the division-level commander
or second in command shall:
(1) Order the officer to surrender all firearms
and ammunition except those issued by the department;
(2) Ensure that all firearms are accounted for
by checking the records of the Firearms Unit;
(3) Initiate a Miscellaneous Public report and
evidence report documenting the court order and
the surrender of the firearms and ammunition;
(4) Have the surrendered firearms and ammunition,
along with all documentation, submitted to the
Evidence Unit for storage;
(5) Authorize the officer to possess only issued
firearms and ammunition and only during periods
in which the officer is on duty;
(6) Have the issued firearms and ammunition
retrieved and retained during periods in
which the officer is off duty.
(a) The equipment shall be stored in accordance
with standard, written procedures.
(b) For audit purposes, the command shall
retain documentation reflecting each issuance
and retrieval of the officer’s firearms and ammunition;
(7) Notify the officer that all special duty
privileges have been suspended as of the time
of notification. Also, inform the MED of the
suspension; and
(8) Direct the officer to wear appropriate
civilian attire (without a firearm) during
court appearances.
c. When served with the order, the officer
shall comply with all of its provisions immediately.
4. Noncompliance
a. If an officer refuses to comply with an
order to surrender any firearms, ammunition,
and/or other equipment, the division-level
commander shall initiate an administrative
investigation and forward the completed report
to the Administrative Review Board via the PSO.
(If the officer’s refusal violates the court
order, a criminal investigation shall be initiated
as well.)
b. The division-level commander shall use
relevant laws and authority to recover the
firearms, ammunition, and/or other equipment
as soon as possible.
5. Movement Between Elements
If an officer moves from one element to
another while a court order for protection
is in effect, the first division-level
commander shall ensure that the second
division-level commander is informed of
the circumstances of the order at the time
of the move.
6. Expiration of Court Order
a. When the court order for protection is
no longer in effect, the division-level
commander or designee where the officer
was originally assigned shall verify the
order to dissolve the court order for protection.
In cases from the District Court, the division
commander shall verify via the Internet (see
the attachment) that the court order for protection
has been dissolved.
The division commander shall submit a To/From
report through the chain of command to the Chief
of Police requesting the return of the officer’s
firearms and ammunition. Verified copies of the
order dissolving the court order for protection
must be attached.
b. When the Chief of Police approves the officer’s
request, the HRD shall send a letter to the officer
confirming the approval.
c. When the officer receives confirmation of
the approval from the HRD, the command shall
assist the officer in retrieving his or her
equipment from the Property and Supply Section
and the Evidence Unit. In addition, the
commander shall send a recommendation through
channels to the MED regarding the officer’s
eligibility for special duty.
D. Cases Involving Civilian Employees
1. A court order for protection naming a
civilian employee as the respondent may
be served in court or by the district patrol
command. If the order is served at the
employee’s place of work, the serving officer(s)
shall notify the employee’s command beforehand.
2. When served with a court order for protection,
a civilian employee shall:
a. Comply with the requirements listed in
sections VIII B 1 a to c above; and
b. Surrender all firearms and ammunition in
accordance with the terms of the order.
3. The employee’s supervisor shall forward a
copy of the order directly to the division-level commander.