Know the Laws: Guam
UPDATED December 18, 2013
A domestic violence restraining order is a civil order that provides protection from harm by a family or household member.
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)
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:
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.
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.
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:
Whether a judge orders any or all of the above depends on the facts of your case.
* 9 G.C.A. § 30.32