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Estatutos Estatales Seleccionados: Guam

Estatutos Seleccionados: Guam

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Actualizada: 
10 de diciembre de 2020

30.40. Violation of a court order

(a) Any knowing violation of any of the following court orders shall be a misdemeanor punishable by imprisonment of no less than forty-eight (48) hours and not more than one (1) year, and by a fine of not more than One Thousand Dollars ($ 1,000):

(1) an order enjoining a person from threatening to commit or committing acts of family violence against, or from harassing, annoying, or molesting, a family or household member, or any person named in the order;
(2) an order removing or excluding a person from the family dwelling or from the dwelling of another, or from any habitable property, as defined in Subsection (b) of § 34.10, Chapter 34 of this Title;
(3) an order requiring a person to stay away from the residence, dwelling, school, day care center, place of employment, or any other specified place or from a specified person, within five hundred feet (500’) of the specified place or specified person;
(4) an order prohibiting a person from possessing a firearm or other weapon specified by the court; or
(5) an order in a criminal case prohibiting the defendant from harassing, annoying, telephoning, contacting, or otherwise communicating with a victim or specified witness, either directly or indirectly.

(b) In the event of a conviction for a second violation of under Subsection (a) of this § 30.40, or of a conviction for a violation under Subsection (a) which results in bodily injury, as defined in Subsection (b) of § 16.10, Chapter 16 of this Title, the defendant shall be imprisoned for at least thirty (30) days.
(c) In the event of a conviction for a third violation under Subsection (a) of this § 30.40, or of a conviction for a violation under Subsection (a) of this § 30.40 which results in bodily injury as defined in Subsection (b) § 16.10, Chapter 16 of this Title, after a prior conviction of a violation under Subsection (a) of this § 30.40, occurring within two (2) years of the prior conviction, committed against the same victim or the victim’s family, the defendant shall be imprisoned for no less than one (1) year.
(d) When a peace officer has reasonable cause to believe that a person has violated one (1) of the orders of the court specified in Subsection (a) of this § 30.40 and verifies the existence of the order, the peace officer shall presume that arresting and charging the person is the appropriate response.
(e) An admission by the defendant that he or she had knowledge of the court order shall be admissible in court notwithstanding the corpus delicti rule.