(Name ) (Address) (City, State, Zip Code) (Telephone No.) [ ] Plaintiff, Pro Se [ ] Defendant, Pro Se [ ] Attorney for: [ ] Plaintiff [ ] Defendant IN THE FAMILY COURT OF THE SECOND CIRCUIT STATE OF HAWAI222I ) FC-D No. , ) ) AUTOMATIC RESTRAINING ORDER PLAINTIFF, ))vs. ))), ))DEFENDANT. ) ) AUTOMATIC RESTRAINING ORDER A Complaint for [ ]Divorce [ ]Annulment [ ]Separation (check one) is being filed concurrently with this restraining order, and pursuant to ACT 213 (House Bill 1614 Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com HD1 SD1 CD1), which became law and effective July 10, 2018, 223each party to a complaint for an annulment, divorce, or separation shall automatically be subject to a restraining order that shall be effective with regard to the plaintiff upon the filing of the complaint and with regard to the defendant upon service of the summons and complaint or any other acceptance of service by the defendant.224; (See also Hawai222i Revised Statutes (H.R.S.) 247580 Automatic Restraining Order.) THEREFORE IT IS HEREBY ORDERED that upon the filing of the Complaint by plaintiff and service upon defendant, the following AUTOMATIC RESTRAINING ORDER applies to both parties: 1.Neither party shall sell, transfer, encumber, conceal, assign, remove, or inany way dispose of any property, real or personal, belonging to oracquired by either party except as:(A) Required for reasonable expenses of living; (B) Occurring in the ordinary and usual course of business; (C) Required for payment of reasonable attorney222s fees and costs in connection with the action; (D) Occurring pursuant to a written agreement of both parties or (E) Required by order of the court; 2.Neither party shall incur any further debts that would burden the credit ofthe other party, including but not limited to further borrowing against anycredit line secured by the marital residence or unreasonably using creditcards or cash advances against credit or bank cards; provided that thisparagraph shall not apply reasonable amounts of debt necessary for livingand business expenses, including child education expenses andreasonable litigation fees and costs for the pending action; 3.Neither party shall directly or indirectly change the beneficiary of any lifeinsurance policy, pension or retirement plan, or pension or retirementinvestment account, except with the written consent of the other party orby order of the court; 4.Neither party shall directly or indirectly cause the other party or a minorchild to be removed from coverage under an existing insurance policy,including medical, dental, life, automobile, and disability insurance. Theparties shall maintain all insurance coverage in full force and effect; and Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 5.Neither party shall remove a minor child of the parties from the island ofthat child222s current residence nor remove a minor child of the parties fromthe school that child is currently attending. IT IS FURTHER ORDERED that after service of the complaint for annulment, divorce, or separation, the Defendant may file a motion to set aside or modify the AUTOMATIC RESTRAINING ORDER and may choose to file the Motion without submitting to the jurisdiction of the court. The court shall proceed to hear and determine the motion as expeditiously as possible. IT IS A DEFENSE to any enforcement action under this section that an act of domestic abuse as defined in 247586-1 has occurred. Any sanction for any violation of this Automatic Restraining Order shall remain within the discretion of the court, which shall take into account any instance of domestic abuse and the best interests of the child for violations of subsection (5). THIS AUTOMATIC RESTRAINING ORDER shall remain in effect during the pendency of the action, unless it is modified by agreement of the parties or by further order of the court. The provisions of this AUTOMATIC RESTRAINING ORDER shall be issued by the family court and a copy therefor shall be served with every complaint to which it applies. This AUTOMATIC RESTRAINING ORDER shall be vacated upon the entry of an annulment, divorce or separation DECREE. APPROVED AND SO ORDERED: DATED: , Hawai`i, (city) (date) Judge of the above-entitled court Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com