Domestic violence affects both men and women, and either sex may be the perpetrator or victim of a crime. You may feel ill-equipped to deal with the criminal justice system. At the Law Offices of Myles S. Breiner, we protect your interests and prevent continuing domestic violence. We also represent you against unnecessary orders of protection.
What Kinds Of Relationships Are Involved In Domestic Violence?
Under Hawaii law, domestic violence is called abuse of a family or household member. Family or household members are defined as:
Violence among any of these groups is considered family violence.
Are Domestic Violence Crimes Felonies Or Misdemeanors?
The classification and punishment for domestic violence in Hawaii depends on the severity of the violence and the status of the defendant. First-time offenders are charged with misdemeanor minor assault of a family member and must serve a minimum jail sentence of 48 hours. A second offense that occurs less than one year from the first conviction is also a misdemeanor, but this time the defendant is considered a repeat offender and will be required to serve a minimum jail sentence of 30 days.
Any offenses that occur within two years of a second conviction will be charged as a Class C felony assault. If the violence consists of strangling or restricting the neck and airflow in any way of a household or family member, the offense is automatically a Class C felony, regardless of whether it is a first or second offense.
What Is An Order Of Protection?
An order of protection, sometimes called a restraining order, is a court order that restricts the interaction of a violent offender with his or her victim. If you feel that you are in danger, you may be entitled to protection. Orders of protection may require a party to stay away from a family home or school, cease all physical and verbal threats and abuse, and refrain from contacting any children involved.
The stigma involved with reporting violence and seeking protection should not keep you from protecting yourself or your children. Myles Breiner provides discrete and compassionate representation and works tirelessly to give you peace of mind and safety.
Trust Us To Protect Your Interests
At the Law Offices of Myles S. Breiner, we provide support and legal guidance when you need it most. Our office is located in Honolulu, and we serve clients throughout all the Hawaiian Islands. Our practice offers flexible office hours and payment plans. To discuss your case, call us at 808-526-3426 or contact us online.