Restraining Orders

If the respondent does not appear after proper notification, the case may proceed.¹

At the “show cause hearing,” you will have to prove that you are a victim of nonconsensual sexual contact or nonconsensual sexual penetration, as you alleged in your petition. A single incident is enough to file for an order. ² If the judge grants you an order, it should state on the order how long it lasts. The law doesn’t tell how long the order will last. It only says that the judge can order it for “a fixed period of time as the court deems appropriate.”³ Another option is for the respondent to agree to the order without going through a full hearing or trial.⁴ This is called a consent agreement.

You can have a victim advocate in court with you during the hearing, and you can talk to that advocate during the trial to help you make decisions that need to be made.⁵ To find an advocate, go to our Guam Advocates and Shelters page. If you will be representing yourself, see our At the Hearing page for ways you can show the judge that you were abused. For legal help and representation, go to our Guam Finding a Lawyer page.

If you are afraid to go to court, you can request that the judge allow you to “appear” in court by telephone, video conference, or by another two-way electronic communication device. In making this decision as to whether to allow it, the judge should consider whether your safety or welfare would be threatened if testimony were required to be provided in person at a proceeding. The same protections also apply to a witness who is called to court to testify.⁶ Our Virtual Hearings page has more information that might be useful to help you decide if this is the right option for you.

¹ POR 3(C)(2)(c)
² 7 Guam Code § 40A103(a)
³ 7 Guam Code § 40A106(e)
⁴ POR 3(D)
⁵ 7 Guam Code § 40A103(c)
⁶ 7 Guam Code § 40A105