Domestic Violence Lawyer in Honolulu
We Will Defend You Against Domestic Abuse Charges
Domestic violence knows no gender; either sex can be a perpetrator or a victim of a crime. At Myles S. Breiner Attorney at Law, we protect your interests, prevent continuing domestic violence, and represent you against unnecessary orders of protection.
Familial Conditions of Domestic Violence
Under Hawaii law, domestic violence is called abuse of a family or household member. Family or household members are defined as:
- Current or former spouses or reciprocal beneficiaries
- Persons who have a child in common
- Persons who currently or formerly lived together
- Persons related by blood
- Violence among any of these groups is considered family violence
Determining Whether Domestic Violence Crimes Are Felonies or Misdemeanors
The classification and punishment for domestic violence in Hawaii depend on two factors:
- The severity of the violence
- The status of the defendant
- Punishment and Conditions
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.
The Need for an Order of Protection or a Restraining Order
An order of protection or 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 the following:
- For a party to stay away from a family home or school
- For a party to ease all physical and verbal threats and abuse
- For a party to refrain from contacting any children involved
The stigma involved in reporting violence and seeking protection should not keep you from protecting yourself or your children. Myles S. Breiner Attorney at Law provides discrete and compassionate representation and works tirelessly to give you peace of mind and safety.
Trust Us to Protect Your Interests
At Myles S. Breiner Attorney at Law, 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.