Alleged domestic abuse.

[Nohea]

What is the name of your state (only U.S. law)? Hawaii.

Last week on Tuesday December 29, 2009 my brothers ex-girlfriend filed and served a temporary restraining order against him. They both have 2 sons with each other and were residing in the same residence which they rented together. A week before this incident, she and the children moved out to her parents house who lives literally 10 feet away from their building. The day before the TRO, she informed my brother that her father was influencing her to file a TRO against him however, didn't want to. Through out their 7 years of relationship, it has been one of those on a again, off again. My brother suspects that she is seeing someone and has been seeing that someone while they were together.

The allegations that she has written on the TRO was that my brother pushed her and hit on her on the head. Were as my brother stated that she was the abusive one and was defending himself by blocking the punches to his head. My brother cannot contact or see his children and he's devastated. His only hope is not to have supervised visitation or lose custodial right of his children. I know the court system can be touchy when it comes to domestic violence especially if there's children involved.

In a nut shell, I'm trying to help my brother and I wanted to counter act a TRO against her. His court hearing is around the corner and i wanted to at least prep him for it. He's unemployed and goes to school for nursing and at this point, can't afford a lawyer. He's an emotional wreck and he just wants to hear or see his children but can''t. Can you please give me advice on what to do form him.

 

[Proserpina]

Are there police reports? Hospital/medical records?

 

[Nohea]

Alleged domestic abuse

The only incident that was reported was when my brother was leaving the parents house and his backpack hit the fire house glass case and it broke. Prior to this, yes, they were arguing. Other than that, there are no other police report filed or hospital reports.

My brother and his ex girlfriend shared an apartment with their 2 children, his name is on the lease contract. On the day of the TRO, he was escorted out of his home and was given several minutes to retrieve whatever possessions he could during that period of time. I'm wondering if that was a violation on the police part.

Another important fact that plays a big part in this whole situation is that my brothers ex girlfriend father is a Detective for the Honolulu Police Department. Although the father hasn't directly done anything to my brother, his ex girlfriend has used her father's position to threaten my brother....constantly!