Restraining Orders

If the abuser violates the order, there are two different ways to address it:

• Go back to court and ask the judge to find the abuser in “civil contempt”; or
• Report the violation to the police. The police can arrest the abuser for “criminal contempt,” as well as any other crimes the abuser commits while disobeying the order.

Civil contempt

You may return to court and file a motion for contempt. This motion must generally include an affidavit explaining what happened. If the judge believes that the abuser committed contempt, the court will issue an Order to Show Cause and schedule a hearing. At the hearing, the judge will decide whether contempt occurred based on the evidence. If the abuser is found in contempt, the penalty may be the same as a petty misdemeanor, which can carry a penalty of up to 60 days in jail.¹

If the abuser violates the order while you are in court and the judge witnesses it, the judge can certify that they saw or heard the violation. The judge can then hold the abuser in contempt of court and punish them by ordering them to pay a fine of up to $25, go to jail for up to five days, or both.²

Criminal contempt

Another way to report a violation of an order is to call the police. An intentional violation of an order of protection can be a misdemeanor crime and punishable by up to one year of incarceration, a fine of up to $1,000, or both.

If the violation results in bodily injury or if it is a second conviction for violating the order, the minimum punishment is supposed to be 30 days in jail. If the violation results in serious bodily injury or it is a third conviction for violating the order, the minimum punishment is supposed to be one year in jail.³

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ 9 Guam Code § 80.34; POR 7
² 7 Guam Code § 34101(b)
³ 9 Guam Code § 30.40(a), (b), (c)