Kiana only wanted one thing: to get full legal and physical custody of her son.

“I didn't know what process to take to reach my outcome,” said Kiana, who also did not have the finances to hire a lawyer. She was desperate when she called Legal Aid in January 2021.

Legal Aid Staff Attorney Mary Pascual quickly mailed all necessary documents to process the custody case, giving detailed instructions to file everything.

The goal was to serve the custody papers to the child’s father as soon as possible, so Kiana strived to search for him through a process server.

But he was nowhere to be found; he had disappeared! (Prior to this, Kiana had a TRO served against him because he was abusive.)

In October, Kiana contacted Legal Aid a second time for help.

“She was worried she won’t be able to serve him,” said Mary, “and she was scared that he would try to fight for custody.”

Legal Aid staff teamed up with Kiana to find the father, seeking out a process server to help in the search as they reached out to his mother, siblings, and employers, as well as utilized people search websites.

“When the other party doesn’t show up and you showed that you tried everything, then she wins by default,” said Mary.

Finally, in May 2022, Kiana did win at the custody hearing – her son’s father did not appear in court.

“Kiana emailed me that she was crying after she was given full custody of her son,” Mary recalled. “She couldn’t believe that she got everything she wanted. She was super happy. I think it gives her a sense of relief that the dad can’t just come back and take him from her.”

Having full legal custody, not just physical custody, means Kiana will not need to contact her son’s father for important decisions like education, religion and medical care.

“I am so grateful for the support and help,” she said. “Attorney Mary Pascual helped me personally and I can't thank her and her staff enough. They are quick to respond and have very friendly staff. Legal Aid will always be there for you and help you in any way possible.”

Now, Kiana knows her son is safe with no visitation rights from his father. Her son also now carries her last name.

“Legal Aid Hawaii helped me with everything,” said Kiana. “Legal Aid helped me gain confidence of my situation and gave me the tools, resources and guidance I needed for a smooth legal process.”

“The great part of this story is that it was a case that involved domestic violence, and she was able to get what she wanted,” Mary said. “There are times when parents want full physical custody, but they can’t because the other parent objects. Kiana was lucky and I am really happy for her.”

*Brenda expected to see the words “failed” in a letter from the City and County of Honolulu Section 8 office. A routine quality inspection was recently done on her rental apartment, and they found the enamel peeling away from the tub floor and wall. It was unacceptable, she said.

However, what she was not ready for were to see the words “in abatement.”

“I was afraid and confused,” Brenda said. “I understood that the inspection failed, but I didn’t understand the termination letter stating that the unit would be in abatement, and I would be responsible for the full rent.”

The “Section 8” housing voucher program helps low-income families, the elderly, and the disabled afford decent, safe, and sanitary housing. A Section 8 voucher holder like Brenda is able to pay rent based on a percentage of their income. The voucher pays the balance of rent through a federal subsidy.

However, to maintain the subsidy, rental units under the Section 8 program must pass “Housing Quality Standards” inspections to ensure Section 8 participants are living in sanitary conditions.

If a unit fails the inspection, Section 8 will determine whether the landlord or the tenant is responsible for making repairs. If the landlord is responsible, the Public Housing Authority (PHA) will give the owner a specified time to repair the deficiencies. If the owner does not make the necessary repairs within the timeframe given by the PHA, the housing assistance payments will be abated.

“Abatement” essentially means that the PHA will stop paying its share of the rent to the owner.

During this abatement period, tenants are still responsible for their tenant pay portion, but they are not financially liable for any payments that were withheld by the PHA. The PHA determines how long the abatement period will last, but it generally does not exceed one month.

If the abatement period expires and the owner has still not made repairs, the PHA will then completely terminate the housing assistance payment contract. At this point, tenants are now not only responsible for their tenant pay portion, but they are also responsible for the entire rental amount.

In Brenda’s case, this means she would either have to pay the full month’s rent out of pocket, or she would need to quickly find a new place to live.
 
“Brenda felt frightened and experienced high anxiety,” said Staff Attorney William Tew, Housing and Consumer Unit, who was her primary advocate when she came to Legal Aid for help in June 2022. “She felt an impending sense of doom as she was on a tight timeline.”

To make matters worse, the landlord refused to make the repair and Brenda was still recuperating from a recent cancer surgery. The 30-day deadline was definitely not enough time for her to find a new place.

“I was scared, and didn’t know what to do,” said Brenda. “I have general anxiety disorder and PTSD. I also have other medical issues that would make it difficult, if not impossible, to find an apartment in such a short time so I started to panic.”

William swiftly went to work and figured out how to help Brenda keep her unit and be off of the streets.

The first thing was to get clarification from Section 8. As it turned out, the date was wrong – Brenda actually had more time to spare, so Section 8 sent a new letter with the correct dates. However, the reasonable accommodation request – a deadline extension due to Brenda's disability – was denied.

The next step was to explain to the landlord/property manager the consequences of their refusal to make repairs. It would mean a loss of income because Section 8 wouldn't be paying the rent, and Brenda did not have the ability to pay the full amount.

Eventually, the landlord decided to make the repairs and Brenda got to stay longer! She now had enough time to search for other properties. (Brenda did not want to continue renting there and the landlord wanted to increase the rent.)

“Legal Aid helped me know what the property manager could and couldn’t do,” said Brenda. “They explained the benefit and consequence of the actions or inaction of the repair in a manner that we all could understand.”

“I am very grateful for Legal Aid’s help because I didn’t feel so afraid and alone anymore,” said Brenda. “They were very professional, kind, respectful. Having Legal Aid in my court gave me strength – in knowing the property manager couldn’t take advantage of me, threaten me or put me out on the street, which was a huge relief as well.”

“I can never thank you enough, but thank you,” she added.

“She was incredibly relieved,” said William. “It was a burden off of her because of so many issues – emotional, financial, medical, and physical. She was very grateful and happy.”

*Kelly, 51, had so many questions when she received the doctor’s call that it was time for her mother to be transferred to a care facility. How can she help? What should she do? Is her mother going to be OK? 

One of Kelly’s concerns was that she lives in Oregon, thousands of miles away from her mother who lives in Hilo. She also did not have the legal right to make decisions for her mother’s health care and manage her finances. 

“Because Kelly did not have any legal authority, the doctors couldn’t even tell her about the various treatments available for her mother,” said Hawai‘i Island Managing Attorney Scott Shishido, Kelly’s primary advocate. “She’s the only adult child; she has been the one taking care of her mom’s needs.”  

Good thing Kelly was connected to Legal Aid through the Hawai‘i County Office of Aging (HCOA) in March 2022. Through the streamlined referral process from HCOA, Legal Aid was able assist Kelly in obtaining guardianship of her mother, which answered all of Kelly’s questions and dispelled her worries.   

“She was a little worried because the issues were in front of her at that time,” said Scott. “She was very concerned that the case could not be processed expeditiously, especially because she resides on the continent.” 

It was sometimes challenging to communicate because of the time difference and Kelly’s variable work schedule, but they worked through the logistical hiccups to make sure Kelly got the assistance that she needed.  

Through the guardianship, Kelly now has the legal right to safeguard her mother’s personal property, to make medical decisions to ensure that she is receiving necessary medical care and treatment, and to make many other important decisions for her mother’s best interest.  

In September, Kelly finally received the Court order giving her full legal guardianship of her mother, and in December, her mother's bank approved the addition of Kelly's name to her mother’s account. 

“Kelly can now help her mom, and there are no longer any issues with consenting to procedures or medical information,” said Scott. “She is appreciative of the help that she received.” 

“There is definitely a need for legal assistance for guardianships, wills, powers of attorney, advanced health care directives, and other kupuna-focused services here on the Big Island,” said Scott.

“For the most part, obtaining a guardianship through the Court can be complicated to navigate for those not familiar with the process. Because many folks can’t afford an attorney to help assist them with the process, especially when there is such a need among the kupuna population, it’s great that Legal Aid and HCOA can work together to serve our kupuna in this way.” 

When *Heidi arrived on the Big Island from Asia over 15 years ago, she was ready to tackle her studies at the university.  She was full of dreams and excited for her future.

But she started dating a local guy after two years and her life changed – for the worse. 

That relationship led to a life of abuse, fear, and shame. The boyfriend became very controlling and manipulative. He isolated Heidi from friends, flaunted his gun collection, and made her work nonstop in his business. He used her expired student visa to keep her from running away, threatening to report her to authorities to get her deported. 

“I did not know who to ask for help,” said Heidi whose working day would start at 4 a.m. and end at midnight. “I thought the police would arrest me.”

As an immigrant to the United States, Heidi was vaguely familiar with the legal system. She was unfamiliar, however, with the rights and privileges she is entitled to even as a non-U.S. citizen. 

The abusive working conditions continued until, in 2011, a fellow employee called police to intervene after witnessing Heidi being hit by her boyfriend. The prosecutor referred Heidi to Legal Aid for assistance.

​She was hopeful, but her boyfriend’s threats stopped her from contacting us and left her with fear. He was angry, she recalled, and destroyed some of her property, including the car of her sister who was visiting that time. 

In 2013, Heidi continued navigating safety for herself and her daughter and escaped her abusive boyfriend. She moved as far away from him as logistically possible for her. She also reached out to Legal Aid again with Staff Attorney Jennifer Jung, Hawai'i Immigrant Justice Center (HIJC) at Legal Aid, as her primary advocate in applying for immigration status. 

“When I met Heidi, she was distraught and very fearful because of the threatening environment her abuser created,” said Jennifer. “The physical trauma was so severe that she was losing clumps of hair. But even with those trauma impacts, she was focused and resilient and always displayed an amazing amount of courage and strength. Heidi is the expert on her safety needs, and together we worked closely to reimagine a safer life, one that would provide space for her to pursue her identified goals.”

Legal Aid started assisting Heidi with a U visa, an immigration status created for victims of serious crimes like domestic violence.

​The U visa provides lawful status in the United States, work authorization, and eventually an opportunity to apply for a green card. However, as Jennifer continued the conversation, she realized that Heidi was also a survivor of human trafficking. 

“When Heidi’s abuser forced her to work for him this was no longer only about the serious crime of domestic violence; this became an intersecting case of human trafficking and domestic violence. Our society generally associates forced sex work with human trafficking. However, Heidi’s story is really important for all of us to learn about trafficking dynamics as her abuser used power and control dynamics to force her to work without pay at his shop,” said Jennifer.

“This type of human trafficking is called labor trafficking, and it can occur whenever there is force, fraud, or coercion in a work setting. Sometimes labor trafficking looks like Heidi’s case in which she served as a cashier among other duties. Sometimes labor trafficking is even less visible and takes place inside a home setting in which the trafficked person is forced to take care of a person or family.”

“In collaborating with Heidi on her immigration options we decided to apply for a T-visa,” said Jennifer. “T visas are available for survivors of human trafficking and offer more public benefit protections than a U visa does. The wait time is also significantly faster than a U visa, which can take more than 10 years to obtain. The lengthy wait times of these visas is incredibly discouraging for our clients as it becomes another barrier in safety planning.” 

After receiving her T-visa Heidi was able to finish her undergraduate degree and was admitted to a Physician’s Assistant program. She is starting this fall.

​Legal Aid helped advocate during the undergraduate enrollment process and provided education to the school system on immigration statuses eligible to receive financial aid. 

“Using a trauma informed lens, we worked closely with Heidi to help her achieve immigration stability, restore a felt sense of safety, and connect her with various agencies that help with domestic violence support,” said Jennifer.  “We also helped advocate for a formal finding of unpaid wages against the trafficker.”  

In July 2022, after almost a decade of fighting for justice, Heidi finally received her green card. 

“The help from Legal Aid is life changing,” Heidi said. “If I say Legal Aid saved my life it is correct on many levels. Not just that, the help is free. The people who worked there, they don’t just do their job, they take the extra mile. They would give suggestions to better my situation. They want to see that you are safe and secure.”

“Every time I reach out to Jennifer, she had no problem stepping in so I can do something,” Heidi added. “She advocated for me, did more than what she needed to do. She laid out all the possibilities for me.”

The Department of Labor and Industrial Relations awarded Heidi over $100,000 in back wages from working for her boyfriend for four years. Unfortunately, she may never see the wages paid to her. Within those ten years, the trafficker had lost most of his source of income and business ventures. 

Heidi, on the other hand, gained so much more during that time and drastically changed her life – for the better. 

In the midst of her legal battles, she successfully finished school and worked in the medical field, met someone and gotten married, raised her daughter well, and bought her first house. She also currently teaches ballet and plays the piano for a community. Her next goal is to be a Physician Assistant.

“Heidi is thriving now,” observed Jennifer. “She has always been strong and goal oriented. She has an excited focus and is empowered to pursue her goals. Instead of being stuck in an abusive relationship, she is empowered to pursue her dreams.”
​
“I am really grateful that there is a law to protect people like me,” said Heidi. “But more importantly to have organizations like Legal Aid who work to help people with low socio-emotional status, not just people who do not enough money. I think they are the most efficient people to help people understand the law the most.”

After 15 years of separation, Frank Enos, 61, finally got his closure – the divorce papers that legally terminated his 25-year marriage. His wife had left him in their Mountain View home on Hawaii Island and moved to Kona. She took their four children with her.  

“They had a bad history and there may have been domestic violence,” according to Haunani Magalianes, Paralegal, Hawai‘i Island Office. 

Frank had been trying to get a divorce for a long time but Hawai‘i Island didn’t have pro bono lawyers that could represent him. The last lawyer he talked to lost his license. He was frustrated.

Frank thought the divorce would never happen until he connected with Legal Aid. We opened his case in March 2022 and closed in September.

It was an uncontested divorce, there was no hearing, and his estranged wife quickly signed the divorce decree. 

“He was pretty high strung and stressed when he first came to us because this has been going on for a long time,” Haunani said. “But when I talked to him after the case was closed, he was low key, and seems happy and very thankful.”

Finally, the weight of uncertainty was lifted off of Frank’s shoulders.

Though his income is very minimal, he can now send financial support to one child who is still under 18. (He was unable to send child support before because he did not know their address.) His life is now more stable.

“Legal Aid helped me to sleep better at night,” said Frank. “They were a very big help. I could never get my divorce if it wasn’t for the help from Legal Aid. Thank you very much.”

Access to legal services is extremely limited on Hawai‘i Island (including other neighbor islands) making it difficult for many elderly and low-income individuals get a divorce decree, said Haunani.

“Legal Aid is very vital in every community,” she added. “We don’t have attorneys here to represent people with no financial means. Some start their cases but there is no closure. So when we can come in and help our seniors, it is a good feeling.”

All *Ramona wanted was for her son to be safe, which means having sole physical custody. She also wanted him to be heard, and to be happy, which includes a relationship with his father – Ramona’s ex-husband. If not a close relationship, at least a decent one.

We’re excited to report that after working with Legal Aid, Ramona was able to come to a custody agreement with *Raffy’s father, which started to repair the strained relationship between Raffy and his dad. 

Though Ramona agreed not to have full custody, her son Raffy ended up deciding to spend summer vacation with his dad on the mainland.

Legal Aid’s representation in court had made Raffy feel heard and seen by people, especially by his father.

It started with a temporary restraining order (TRO). Ramona was referred by the Child, Welfare and Family Services (CWS) in October 2020 after a huge altercation. Raffy reported that his dad *Simon had grabbed him and covered his nose and mouth, prompting Ramona to take legal action.

“We filed an emergency custody motion seeking for Ramona to have sole custody of Raffy,” said Emily Hills, Staff Attorney, Family Unit. “Current situation that time was joint custody.  The 50-50 was only on paper because Raffy only spent weekends with his dad, but his dad kept threatening to enforce the prior 50-50 time-sharing order, which would have been very detrimental for Raffy.”

The TRO was filed, as advised by CWS. However, upon further investigation, it was discovered that what had occurred was a one-time incident. CWS did not believe there to be an ongoing threat of abuse to Raffy and the case was dismissed.

“Raffy didn’t know how to respond to his situation and was suffering from serious depression and self-harming thoughts,” observed Emily. “So during the TRO process while Ramona had full custody, we requested a step-up custody schedule to ease the boy into spending more time with his dad. We also requested a court order for him to go to therapy. Raffy had been threatening suicide because he was unhappy at his dad’s house.”

Emily represented Ramona in court, showing up in several hearings to negotiate with Simon’s lawyers who did not approve of the therapy and wanted to continue the 50-50 custody despite the actual practice of dad visiting only on the weekends.

“I feel like this is the kind of case where full representation ended up helping the family,” said Emily. “When the other side is represented, Legal Aid has the opportunity to even the playing field. This is the case where the child needed to have a voice and mom wanted to make that happen because we were able to do full representation. Believe it or not, that seems to have made a bigger help.”

The full-rep process included a continuance, negotiations, helping Ramona navigate the file pleadings, and talking with CWS. Ultimately, Ramona was able to get Raffy enrolled in a private school that would be a better fit for him, and we were able to negotiate Simon’s agreement to have Raffy change schools, which greatly improved his happiness.

“My son is no longer running away from his dad like he did before which is relieving for me,” said Ramona. “He even told me that, although the court did not let him live with me full-time like he'd asked for, it at least made his dad ‘change’. So long as he perceives his dad as a changed man, I'm okay.”

It was a good new chapter for all of them, as the case was successfully closed in October 2022.

“What made Ramona happy with the case was that we gave Raffy a voice,” said Emily. “He was able to talk to custody investigators and air his opinion. He felt listened to, he knew that his mom was fighting for him. And once his father said ‘you don’t have to be with me’, that’s when Raffy wanted to spend time with him.”

Raffy is currently going through therapy and his mental health is better. Although he continues to struggle with emotional regulation, according to Ramona, his depression seems to have subsided.

“I don't know what the future has for us, but I sincerely hope that Raffy will have a better life ahead," said Ramona. "As hard as the whole journey has been, particularly for him, I am optimistic and hopeful that his tomorrow will have a better outcome for him. I am very grateful Emily is the one I travelled this emotionally painful journey with."

"Through all this, I was fortunate to have Emily as my attorney,” Ramona added. “I will always be grateful that I found in her someone I could talk through the hardest times of my life.”

Born and raised in the Hyogo Prefecture in Japan, Hitomi "Makalani" Imai, a Legal Aid client, never imagined she would live in Hawaii – “a beautiful land, with such beautiful energy,” she describes.

She is excited about her future as her life has turned around in surprising ways, and has adopted the Hawaiian name "Makalani" (eye of heaven) to symbolize a new start. She is also launching her life coaching program for fellow Japanese early next year. 

“I’ve always been thinking of my experience because emotional abuse is a big thing,” says Makalani. “My whole life is up and down, and I didn’t have the confidence. Now I know how to get the confidence. And I know many Japanese struggle with the same thing because of the culture. So, I decided to become a spiritual life coach.”

There had been a season in Makalani’s life when she was unable to speak and stand up for herself, and Legal Aid helped her get through it. 

It started in 2017 when she arrived on Oahu and married a man she met online after several months of courtship. They had a rocky beginning. He had broken up their engagement once for “not keeping some promises.” One promise was for Makalani to stop communicating with friends. 

About a year into the marriage when Makalani applied to become a lawful permanent US resident (get a green card), her husband vacillated between supporting and not supporting her application. He threatened divorce and told her to go back to Japan. She finally decided to divorce him when he denied support on the day of Makalani’s immigration interview. 

Makalani was resigned to accept her fate until she found out about Legal Aid through a friend. Legal Aid stepped in and negotiated with her then husband, eventually getting her to receive financial compensation.

“The Legal Aid attorney sent him a beautiful, strong, confident email to negotiate,” recalls Makalani. “It is not about the money, but it gave me the confidence that I’m okay, that I will be fine. With Legal Aid’s support, I finally stood up for me.”

The support Makalani received from Legal Aid staff went beyond the legal battle. They were there for her emotionally; they became her pillars of strength.

“Whenever I start to worry, the attorney and the paralegal always get back to me,” she says. “They were very supportive all the time. They are amazing!”

The divorce was finalized in 2019, and in April 2021, Makalani finally received a green card, applying as a self-petitioner under the federal Violence Against Women Act (VAWA). In a few years, she plans to apply for US citizenship. 

“Legal Aid helps immigrants who are in a position of being powerless. They think that they have nowhere to go. But Legal Aid helps them and lets them feel they are important individuals.”

Now, while preparing to launch her business called “Aloha Style Services,” Makalani works with a construction company using her administrative and accounting background. She also freelances as a translator of information materials from English to Japanese, and is currently in a supportive, loving relationship. 
​
“I’m doing great,” she says. And her smile says it all.