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When someone makes an allegation of domestic violence, the judge may issue a temporary restraining order (TRO), requiring the accused to avoid contacting the other person in any way. Because they carry the weight of a court order, failing to abide by the terms of the TRO can have significant consequences, including a hefty fine and waiting in jail until a friend or family member can post bail. Below is an overview of what to expect after you or someone you know has been arrested for violating a TRO.

Arrest & Setting Bail

bailIn Hawaii and many other states, violating a TRO is a misdemeanor offense punishable by at least 48 hours in jail and a $500 fine. After the arrest, the accused will be taken to jail, where the police will set the bail amount. The amount required to secure their release varies depending on the number of previous violations, the severity of the abuse claims, and several other factors. If someone you know has been arrested for a TRO violation, you may need to call the police station to find out how much bail you’ll need.

The Arraignment & Plea Hearing

Because TROs are court orders, the prosecutor will automatically press charges. When the accused violator is released on bail, they’ll be told when and where to appear for their Arraignment and Plea (A&P) hearing date. At this initial hearing, the violator will have the choice of pleading guilty and accepting a sentence, or pleading not guilty. If they choose the latter, the court will set a trial date.

However, if the defendant can’t post bail, they’ll have to wait in jail until their A&P hearing. If they plead guilty and aren’t released, the court will keep them in custody until the conclusion of their trial, which should begin within 48 hours.

 

If someone you know has been arrested for a TRO violation or any other offense, trust Ali'i Bail Bonds to get them out of jail as soon as possible. For over 15 years, they’ve served clients throughout Oahu and have experience working with every law enforcement agency on the island. Follow their Facebook for updates and more information about bail processes. Visit their website for a closer look at their services, or call (808) 232-9735 to get the help you need, 24 hours a day, seven days a week.

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