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Know the Laws: Guam

UPDATED December 18, 2013

Domestic Violence Restraining Orders

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A domestic violence restraining order is a civil order that provides protection from harm by a family or household member.

Basic information

back to topWhat is the legal definition of family violence in Guam?

For purposes of getting a restraining order, family violence means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self defense or defense of others:

1. Attempting to cause or causing physical harm to another family or household member;

2. Placing a family or household member in fear of physical harm.*

* 9 G.C.A. § 30.10(a)

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back to topWhat is a restraining order? What types are there?

A Restraining Order is something you can get from a Court to protect you from being abused by someone else. It is a paper that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from abuse to both female and male victims.

There are two types of Restraining Orders that you can get:

Preliminary Order:
A preliminary restraining order is the first step in obtaining a permanent order. It can be given to you by a judge if he/she believes that you are in immediate danger. The order will last until you can have your hearing before a judge for a more permanent order. The preliminary order must first be served (given) to your abuser before it takes effect.

Permanent Order:
A permanent restraining order offers more lasting protection against domestic abuse. It can only be granted after a full court hearing where both you and your abuser have an opportunity to tell your own sides of the story to a judge.

A permanent order takes effect after it has been served (given) to your abuser. You should be notified when your abuser is served.

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back to topHow can a restraining order help me?

A restraining order can order your abuser to stay away from you, your children, and other household members. Depending on the facts of your case, you may be able to receive:

  • An order commanding your abuser to stop threatening to commit or committing further acts of family violence;
  • An order prohibiting your abuser from harassing, annoying, telephoning, contacting or otherwise communicating with you, directly or indirectly;
  • An order removing your abuser from your residence;
  • An order directing your abuser to stay away from you and any other family or household members, your residence, school, place of employment or any other specified place frequented by you and another family or household member;
  • An order prohibiting your abuser from using or possessing any kind of weapon, instrument or object to inflict bodily harm or injury;
  • An order granting you possession and use of the automobile and other essential personal effects;
  • An order granting custody of your child or children;
  • An order denying your abuser visitation;
  • An order specifying arrangements for visitation, including requiring supervised visitation; and
  • An order requiring your abuser to pay certain costs and fees, such as rent or mortgage payments, child support payments, medical expenses, expenses for shelter, court costs and attorney's fees.*

Whether a judge orders any or all of the above depends on the facts of your case.

* 9 G.C.A. § 30.32

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