Even though the State of Hawaii consists of four main islands, the state is a unified court system. In practice, this means that all the courts follow the same rules and procedures.
Most cases in Hawaii start in one of three (3) courts:
Hawaii Circuit Court
In general, Hawaii circuit court judges hear the most serious types of cases. These include:
- Probate cases
- Guardianship cases
- Libel / slander / defamation of character lawsuits
- Civil cases where the money amount in dispute exceeds $40,000
Hawaii District Court
District court judges hear less serious cases. These include:
- Landlord-tenant cases and any related counterclaim, regardless of the amount.
- Traffic infractions
- Civil cases where the disputed money amount is less than $40,000
- Petitions for temporary restraining orders where the parties are not related and have never been in a dating relationship
Hawaii Family Court
As the name suggests, family court judges handle every conceivable type of family and child custody case, including:
- Divorce
- Child support
- Adoption
- Termination of parental rights
- Paternity
- Uniform Child Custody Jurisdiction cases
- Restraining Order cases involving domestic violence
Example #1: You live in Honolulu and your neighbor has threatened to kill you after an argument. You decide to petition the court for a temporary restraining order. Which court do you file your petition?
You must file your initial restraining order petition in the Oahu District Court because you are not related to your neighbor.
However, if the court grants your petition, the judge will transfer your case to the Oahu First Circuit Court for your full hearing. District courts only preside over temporary orders, not year-long or permanent orders.
Example #2: You and your Maui business partner have a contract dispute involving more than $100,000. Where do you file a complaint for breach of contract?
Maui Circuit Court because the disputed value is above $40,000.
Example #3: You are renting an apartment in Kauai. Even though you are fully compliant with your written lease, your landlord files eviction proceedings against you in district court.
While the case is pending, your landlord posts on Facebook that you have assaulted numerous other tenants in the building, which is not true. You want to file a claim against your landlord for defamation. Which court do you file?
Fifth Circuit Court in Kauai. Your defamation case is separate from the landlord-tenant dispute, even though your landlord is the person who made the post.
Example #4: Same facts as above, but you want to file a claim against your landlord that she also violated the terms of the lease by refusing to reimburse you rent.
You would file this claim in the Kauai District Court because this claim specifically relates to the lease.
