Guam Restraining Orders
Restraining Orders
Orders of Protection
Basic information
What is the legal definition of domestic abuse in Guam?
For purposes of getting a civil order of protection, domestic abuse is defined as when a family or household member commits one of the following acts:
- causing or attempting to cause you bodily injury or serious bodily injury, with or without a deadly weapon;
- placing you in fear of immediate (imminent) serious bodily injury by physically threatening or intimidating you (menacing); or
- sexual abuse of a minor child.1
Note: The criminal definition of family violence under the law is slightly different than the civil definition explained above.2
1 7 Guam Code § 40101; see also the petition for an order of protection
2 9 Guam Code § 30.10(a)
What types of orders of protection are there? How long do they last?
There are two types of orders of protection: temporary and permanent.
A temporary order of protection can be given to you by a judge if they believe it is necessary to protect you or your minor children from abuse. The order can be issued ex parte, which means without the abuser being notified beforehand or being present in court. To give you an ex parte order, the judge must believe that notifying the abuser ahead of time would further endanger the safety and welfare of you or your minor children.1 However, if the abuser is already represented by an attorney, then the attorney needs to be notified beforehand. The order will last for up to ten days until the case is set down for a “show cause hearing.”2 The temporary order must first be served upon the abuser before it takes effect.
After the abuser is served, they have the opportunity to appear at the “show cause hearing.” At the hearing, both you and the abuser will have an opportunity to tell your own sides of the story to a judge. The court can postpone the hearing for a reasonable period of time if the abuser wants to get an attorney. This is called a continuance. During the continuance, the judge can change (modify) the temporary order, continue it as temporary, or possibly even make it permanent.
At the show cause hearing, you will have to prove the allegations in your petition to be granted a permanent order of protection by the judge. If you and the abuser settle the case with a “consent agreement” in which the abuser agrees not to abuse you and your children, the judge can approve that agreement. The permanent order can last for a period of time determined by the judge.3
1 7 Guam Code § 40104(b)
2 7 Guam Code § 40104(a); POR 3(C)(2)(a)
3 POR 3(D)
What protections can I get in an order of protection?
In a temporary or permanent order of protection, the judge can order any protections they believe are needed to keep you and your children safe and to stop the abuse. This includes:
- ordering the abuser to stop abusing you and your children;
- awarding you temporary custody of your children; and
- establishing temporary visitation rights with regard to your children.1
If you and the abuser jointly own or lease a home, the judge can also:
- order the abuser to leave the home;
- give just you the right to stay there (“exclusive possession”); and
- let you return to the home if you left.2
If the home is only in the abuser’s name, but they have a legal duty to financially support you or your minor children who live there, the judge can also:
- order the abuser to leave the home;
- give just you the right to stay there (“exclusive possession”);
- let you return to the home if you left; or
- approve an agreement between you and the abuser that allows the abuser to stay in the home if they provide suitable, alternative housing for you and the children.3
If you and the abuser are married, or you have a minor child together and live together, the judge can also order the abuser to:
- keep paying the bills for utilities and other necessary home services for the family home or another home where you and your children live;
- not cancel or do anything to stop utilities or other necessary home services;
- keep paying for any insurance you have, including health, automobile, and homeowners insurance;
- not cancel the insurance or change the coverage or beneficiaries;
- not do anything that could result in the insurance being cancelled or changed, if this would harm you or your children;
- give you temporary use of a car, a checkbook, a key, or other personal items;
- give you identity documents and insurance documents that you need;
- pay the rent or mortgage for the family home or another home where you and your children live; and
- pay child support if the abuser has a legal duty and can afford to pay it.4
In a permanent order of protection, the judge can also order the abuser to immediately turn in (surrender) any firearms and ammunition they own to the Marshal of the Court or another law enforcement officer. The Marshal must keep a record (inventory) of any items they receive. The abuser will have to fill out an Inventory of Firearms, Firearm Parts, Ammunition, and Permit/Registrations and file it with the court (Form 3).5
1 7 Guam Code § 40105(a)(1), (6)
2 7 Guam Code § 40105(a)(2)
3 7 Guam Code § 40105(a)(3)
4 7 Guam Code § 40105(a)(4)
5 POR 8
How can a victim advocate help me during the court process?
A victim advocate is allowed to be with you in the courtroom. An advocate can also help you prepare your petition for an abuse protection order.1 You can find victim advocates on our Guam Advocates and Shelters page.
1 7 Guam Code § 40103(b)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
If I am afraid to go to court for the hearing, is there another option?
You can request that the court allow you to attend by telephone, video conference, or by another two-way electronic communication device. In making a decision as to whether to allow it, the judge should consider whether your safety or welfare would be threatened if you were required to attend in person. The same standard also applies to a witness who is called to court to testify but would rather not attend in person.1
1 7 Guam Code § 40103(c)
Who is eligible for an order of protection
Who can get an order of protection?
You can get an order of protection against an adult or minor “family or household member” who has committed acts of domestic abuse against you. Family or household members include:
- your former or current spouse;
- someone you live with or have lived with;
- someone you are dating or have dated;
- someone you have or had a sexual relationship with;
- someone who is related to you by blood or adoption to the fourth degree of affinity, which includes relationships such as a great-uncle or a first cousin;
- someone who is or was related to you by marriage;
- the other parent of your child; and
- the minor child of someone in one of the relationships described above.1
Note: You can file the petition for yourself, your minor child, or on behalf of another person as long as you have personal knowledge that this person has been abused. Also, an adult household member can file on behalf of a minor child in the household.2
1 7 Guam Code § 40101(d)
2 7 Guam Code § 40103(a)
Can I get an order or protection against a same-sex partner?
In Guam, you may apply for an order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get an order of protection? You must also be the victim of an act of domestic abuse, which is explained in What is the legal definition of domestic abuse in Guam?
How much does it cost to get an order of protection? Do I need a lawyer?
It does not cost anything to file for an order of protection.1
Many orders of protection cases are handled without a lawyer. However, it can often be helpful to have one represent you in court. If you believe that the abuser will have a lawyer or if there are complicated issues to be raised in your case, it may be especially important to have a lawyer.
For a list of legal organizations, go to our Guam Finding a Lawyer page. If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
1 19 Guam Code §§ 40103(d); POR 2(B)
What options might I have if I do not qualify for an order of protection?
If you do not qualify for an order of protection due to domestic abuse, you might qualify for a stalking protection order. In addition, there can be criminal laws that the abuser is violating. Go to our GU Crimes page for the definitions of some commonly-committed crimes. If one of these crimes is being committed against you, and criminal charges are pressed against the abuser, a judge may issue an order to keep the person away from you and to order him/her to have no contact with you.1 You can also visit our Safety Planning page for ways to increase your safety.
Orders of protection do not cover emotional, mental, or financial abuse. A domestic violence organization in your area can be a good source of support. See our GU Advocates and Shelters for referrals.
1 See, for example, 7 Guam Code § 40B108(a)(1)
Steps for getting an order of protection
Step 1: Go to the superior court and fill out the forms.
You can go to the superior court to fill out the appropriate forms or you can get them on our GU Download Court Forms page. To find the contact information for the superior court, go to our GU Courthouse Locations page. A victim advocate is allowed to help you prepare your petition for an abuse protection order1 or you can consult with an attorney. To find help in your area, go to our GU Places that Help page.
On the forms, you will be the “petitioner” and the abuser will be the “respondent.” Write briefly about the most recent incidents of violence, using descriptive language - words like “slapping,” hitting,” “grabbing,” threatening,” etc. - that fits your situation. Include details and dates, if possible.
Remember to bring some form of personal identification, such as a driver’s license or other identification that includes your picture, in case you need to show it to the court clerk when you sign the forms. You cannot be charged a fee to file for an order of protection.2
1 7 Guam Code § 40103(b)
2 7 Guam Code § 40103(d)
Step 2: A judge will review your petition and can issue you a temporary order
The judge will review your petition and might ask you some questions at an ex parte hearing. Ex parte means that the abuser was not notified beforehand or was not present in court. If you are not in court but rather your attorney is filing the papers for you, the judge can still issue the ex parte order based on what you wrote in your petition. The judge can issue an ex parte order if they believe that notifying the abuser ahead of time would further endanger the safety and welfare of you or your children.1
The order will last for up to ten days until the case is set down for a “show cause hearing.”2
You can have a victim advocate in court with you during the hearing.3
1 7 Guam Code § 40104(b)
2 POR 3(C)(2)(a)
3 7 Guam Code § 40103(b)
Step 3: Service of process
The Marshals Division of the Superior Court of Guam will serve all orders of protection and show cause orders.1 You or your attorney will have to provide as much information as you can to help them find the abuser.2 The Marshal must let you or your attorney know as soon as the abuser is served. If they could not serve the abuser, they must explain what they did to attempt service.3 You may then ask the judge for permission to serve the abuser in a different way, for example, by publishing and mailing a notice instead.4
You cannot be charged a fee by a public agency for service of process.5
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1 POR 5(A)
2 POR 3(A)(3)
3 POR 5(B)
4 7 Guam Code § 14106(a); POR 5(C)
5 7 Guam Code § 40103(d)
Step 4: The "show cause hearing" for a permanent order
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 domestic violence, as you alleged in your petition. If the judge grants you an order, it will state on the order how long it lasts. The law says that the judge can order it for “such periods as authorized by law.” Another option is for the respondent to agree to the order without going through a full hearing or trial.2 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.3 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 court allow you to “appear” 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.4 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 POR 3(D)
3 7 Guam Code § 40103(b)
4 7 Guam Code § 40103(c)
After the hearing
Can the abuser have a gun?
Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:
- First, read the questions on this page to see if judges in Guam have the power to remove guns as part of a temporary or final order;
- Second, go to our State Gun Laws section to read about Guam’s specific gun-related laws; and
- Third, you can read our Federal Gun Laws section to understand the federal laws that apply to all states and territories.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
What should I do when I leave the courthouse?
These are some things you may want to consider after you have been granted an order of protection. Depending on what you think is safest in your situation, you may do any or all of the following:
- Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
- Make several copies of the order of protection as soon as possible.
- Keep a copy of the order with you at all times.
- Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may wish to consider changing your locks, if permitted by law, and your phone number.
You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey orders of protection, but some do not and it is important to build on the things you have already been doing to keep yourself safe.
What can I do if the abuser violates the order?
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)
Can I change, extend, or cancel the order of protection?
To change, extend, or cancel your order, you would file a Petition/Motion to Dismiss, Extend, or Modify Other Conditions of Order of Protection with the court that issued the order. Either party may request a change at any time.
After you file, the court will generally schedule a hearing and notify the other party, who will have an opportunity to attend. At the hearing, you will need to explain to the judge why you are asking for the change, extension, or cancellation.
If you are asking to extend your restraining order, it is important to file your request before the original order expires. The judge can decide whether to extend your order and for how long. Under Guam law, orders of protection are issued for a fixed period of time based on what the judge believes is appropriate, and the court has the authority to modify the order if circumstances change.1
1 7 Guam Code § 40105(b); POR3(D)
What happens if I move? Is my order still effective?
Your order is good throughout Guam and the United States. Federal law provides for “full faith and credit,” meaning that once you have a criminal or civil protection order, it will be valid in the U.S., its territories, and tribal lands.1
You may also want to call the National Center on Protection Orders and Full Faith and Credit (1-800-903-0111 x 2) for information on enforcing your order in another state or territory.
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2265; POR 9(A)
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protection order, restraining order, or injunction that was issued by the court; or
- the registration of an order in a different state.1
1 18 U.S.C. § 2265(d)(3)
Sexual Offense Protection Orders
Basic information
What is the legal definition of a sexual offense in Guam?
For the purposes of getting a civil sexual offense protection order, a sexual offense is a sexual act that happened without your consent (nonconsensual). This includes:
- sexual contact; or
- sexual penetration.1
Without consent means you did not freely and willingly agree to that specific sexual act at the time it happened.
Sexual contact is when a person intentionally does any of the following for their own sexual arousal or gratification:
- touches your intimate body parts, such as genitals, breasts, or anus;
- touches clothing covering those body parts; or
- exposes your genitals, anus, or breasts.
Sexual penetration includes:
- any type of sexual intercourse; or
- any insertion, even slight, of a body part or an object into the vagina or anus.
It does not matter whether ejaculation occurred.2
1 7 Guam Code § 40A103
2 7 Guam Code § 40A101
What types of sexual offense protection orders are there? How long do they last?
There are two types of orders of protection: temporary and permanent.
A temporary order of protection can be given to you by a judge if they believe it is necessary to protect you from abuse. The order can be issued ex parte, which means without the abuser being notified beforehand or being present in court. To give you an ex parte order, the judge must believe that notifying the abuser ahead of time would further endanger your safety and welfare. The order will last for up to ten days until the case is set down for a “show cause hearing.”1 The temporary order must first be served upon the abuser before it takes effect.
After the abuser is served, they have the opportunity to appear at the “show cause hearing.” At the hearing, both you and the abuser will have an opportunity to tell your own sides of the story to a judge. The court can postpone the hearing for a reasonable period of time if the abuser wants to get an attorney. This is called a continuance. During the continuance, the judge can change (modify) the temporary order, continue it as temporary, or possibly even make it permanent.
At the show cause hearing, you will have to prove the allegations in your petition to be granted a permanent order of protection by the judge. If you and the abuser settle the case with a “consent agreement” in which the abuser agrees not to abuse you and your children, the judge can approve that agreement. The permanent order can last for a period of time determined by the judge.2
1 7 Guam Code § 40A105; POR 3(C)(2)(a)
2 POR 3(D)
What protections can I get in a sexual offense protection order?
There are two types of sexual offense protection orders: temporary and permanent. These are the protections you can receive through each one.
A temporary order of protection can order the abuser to turn in all firearms and dangerous weapons, including guns, ammunition, and any permits to buy or carry firearms. The judge can order this if you request it and the judge finds that the abuser:
- used or threatened to use a weapon;
- has a history of violence with a firearm;
- threatened to seriously harm or kill you or your child;
- threatened to kill themselves; or
- seriously injured you or your child.1
In addition to this protection, a permanent order of protection can:
- order the abuser not to contact you in any way, including in person, by phone, text, email, social media, or through other people;
- order the abuser to stay away from places you go, such as your home, workplace, school, or your child’s school or daycare;
- require the abuser to stay a certain distance away from you or specific locations; and
- include any other protections the judge believes are necessary to keep you safe.2
1 7 Guam Code § 40A107(b)
2 7 Guam Code § 40A106(b),(d)
How can a victim advocate help me during the court process?
A victim advocate is allowed to be with you in the courtroom. An advocate can also help you prepare your petition for a sexual offense protection order.1 You can find victim advocates on our Guam Advocates and Shelters page.
1 7 Guam Code § 40A103(c)
If the abuser lives in a different state or territory, can I still get an order against them?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against them.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when they abused you, but they have since left the state.
- If you file your petition and the abuser gets served with the court petition while in your state.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent, or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
If I am afraid to go to court for the hearing, is there another option?
You can request that the court allow you to attend by telephone, video conference, or by another two-way electronic communication device. In making a decision as to whether to allow it, the judge should consider whether your safety or welfare would be threatened if you were required to attend in person. The same standard also applies to a witness who is called to court to testify but would rather not attend in person.1 Our Virtual Hearings page has more information that might be useful to help you decide if this is the right option for you.
1 7 Guam Code § 40A105
Who is eligible for a sexual offense protection order
Who can file for a protection order?
You can file a petition against any adult or minor who has committed a nonconsensual sexual conduct or sexual penetration against you, your minor child, or another person.1 When filing on behalf of another person, you must have personal knowledge that this person has been the victim of nonconsensual sexual contact or nonconsensual sexual penetration. Also, any adult household member can file on behalf of a minor child.2
Note: You do not have to report the sexual offense to the police. You can file for an order regardless of whether you report it or not.1
1 7 Guam Code § 40A103(a)
2 7 Guam Code § 40A103(b)
How much does it cost to get a sexual offense protection order? Do I need a lawyer?
You can file for a sexual offense protection order for free. It is also free to have a public agency serve it and to get certified copies of the order from the court.1
Many protection order cases are handled without a lawyer. However, it can often be helpful to have one represent you in court. If you believe that the abuser will have a lawyer or if there are complicated issues to be raised in your case, legal representation may be especially important.
For a list of legal organizations, go to our Guam Finding a Lawyer page. If you are going to be representing yourself in court, our Preparing for Court – By Yourself section may be useful to you.
1 7 Guam Code § 40A104
Steps for getting a sexual offense protection order
Step 1: Go to the superior court and fill out the forms.
You can go to the superior court to fill out the appropriate forms.1 To find the contact information for the superior court, go to our Guam Courthouse Locations page.
On the forms, you will be the “petitioner” and the abuser will be the “respondent.” When writing about the incidents, include details and dates, if possible.
Remember to bring some form of personal identification, such as a driver’s license or other identification that includes your picture, in case you need to show it to the court clerk when you sign the forms.
You cannot be charged a fee to file for a sexual offense protection order.2
1 7 Guam Code § 40A102
2 7 Guam Code § 40A104
Step 2: A judge will review your petition and can issue you a temporary ex parte order
The judge will review your petition and might ask you some questions at an ex parte hearing. Ex parte means that the abuser was not notified beforehand or was not present in court. If you are not in court but rather your attorney is filing the papers for you, the judge can still issue the ex parte order based on what you wrote in your petition. The judge can issue an ex parte order if they believe that notifying the abuser ahead of time would further endanger your safety and welfare.1
The order will last for up to ten days until the case is set down for a “show cause hearing” for the permanent order.2
You can have a victim advocate in court with you during the hearing.3
1 7 Guam Code § 40A107(a)(2)
2 7 Guam Code § 40A105
3 7 Guam Code § 40A103(c)
Step 3: Service of process
The Marshals Division of the Superior Court of Guam will serve all orders of protection and show cause orders.1 You or your attorney will have to provide as much information as you can to help them find the abuser.2 The Marshal must let you or your attorney know as soon as possible whether the abuser was served. If they could not serve the abuser, they must explain what they did to attempt service.3 You may then may ask the judge for permission to serve the abuser in a different way, for example, by publishing and mailing a notice instead.4
You cannot be charged a fee by a public agency for service of process.5
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1 POR 5(A)
2 POR 3(A)(3)
3 POR 5(B)
4 POR 5(C)
5 7 Guam Code § 40A104
Step 4: The "show cause hearing" for a permanent order
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
After the hearing
Can the abuser have a gun?
Once you get a protection order, there may be laws that prohibit the respondent from having a gun. There are a few places where you can find this information:
- First, read the questions on this page to see if judges in Guam have the power to remove guns as part of a temporary or final order;
- Second, go to our State Gun Laws section to read about Guam’s specific gun-related laws; and
- Third, you can read our Federal Gun Laws section to understand the federal laws that apply to all states and territories.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
What should I do when I leave the courthouse?
There are several things that you may want to consider when you leave the courthouse. You will have to evaluate each one and see if it is safe for your situation.
- Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
- Keep a copy of the order with you at all times.
- Make several copies of the order as soon as possible and leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- Give a copy to the security guard or person at the front desk where you live and work, along with a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
- Consider changing your locks and your phone number.
You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
What can I do if the abuser violates the order?
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 is 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 committing 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)
Can a permanent sexual offense protection order be changed or dismissed?
You or the abuser can go back to court at any time to ask the judge to change (modify) or end (terminate) an existing order or agreement. The judge will decide whether to make changes.1
1 7 Guam Code § 40A106(e)
What happens if I move? Is my order still effective?
Your order is good throughout Guam and the United States. Federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it will be valid in the U.S., its territories, and tribal lands.1
You may also want to call the National Center on Protection Orders and Full Faith and Credit (1-800-903-0111 x 2) for information on enforcing your order in another state or territory.
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2265; POR 9(a)
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protection order, restraining order, or injunction that was issued by the court; and
- the registration of an order in a different state or territory.1
1 18 U.S.C. § 2265(d)(3)
Stalking Protection Orders
Basic information
What is the legal definition of stalking in Guam?
For purposes of getting a civil stalking protection order, stalking is defined as
- any act that is included in the crime of stalking; or
- a “course of conduct” that meets the following four requirements:
- It involves any of these repeated or continuing acts:
- contacting you;
- attempting to contact you;
- monitoring you;
- tracking you;
- keeping you under observation; or
- following you;
- It would reasonably cause a person to feel intimidated, frightened, or threatened;
- It has no lawful purpose; and
- The stalker knows or should know that the conduct threatens, frightens, or intimidates you, even if the stalker did not mean make you feel that way.1
- It involves any of these repeated or continuing acts:
Note: A course of conduct can be acts that are physical, verbal, written, electronic, or done through other means. The stalker can use a phone, computer, computer network, computer system, telephone network, data network, text message, instant message, or other method.2
1 7 Guam Code § 40B101(b)
2 7 Guam Code § 40B101(b)(2)
What types of stalking protection orders are there? How long do they last?
There are two types of stalking protection orders, temporary ex parte and permanent.1
A temporary ex parte protection order means that it is issued without the abuser being notified beforehand or being present in court.1 The judge will only issue an ex parte order if permanent harm (“irreparable injury”) could result if you had to notify the abuser before getting the order. Some examples of “irreparable injury” are when the abuser:
- recently threatened to cause you physical injury; or
- committed acts of stalking against you.2
A temporary order will last for up to ten days until the case is set down for a “show cause hearing” for the permanent order.3
At the show cause hearing, you will have to prove the allegations in your petition to get a permanent protection order. The abuser will also have an opportunity to present his/her case to try to convince the judge not to issue the order. The permanent order can last for a period of time determined by the judge.4
1 7 Guam Code § 40B101(d)
2 7 Guam Code § 40B107(a), (b)
3 7 Guam Code § 40B105
4 7 Guam Code § 40B106(d)
What protections can I get in a stalking protection order?
A temporary ex parte protection order can order the respondent to:
- not have physical or non-physical contact with you, either directly, indirectly, or through third parties regardless of whether those third parties know of the order;
- be removed (excluded) from your home, workplace, school, or from the daycare or school of your children;
- not come within a certain distance of a specific location;
- not keep you or your children under surveillance, electronic or otherwise; and
- surrender all firearms, ammunition, permits to purchase firearms, permits to carry firearms, and other dangerous weapons if:
- you request these gun-related protections; and
- the judge believes the respondent did any of the following:
- used or threatened to use a dangerous weapon;
- committed a pattern of conduct in the past that involved the use or threatened use of violence with a firearm;
- made threats to seriously injure or kill you or your child or to commit suicide; or
- caused you or your child serious injuries.1
A permanent protection order can do the following:
- order all five protections listed above; and
- in addition, order the respondent to:
- do something or not do something that the judge believes would be necessary or appropriate to protect you;
- go through a mental health or chemical dependency evaluation; and
- pay your administrative court costs, service fees, and reasonable attorneys’ fees.2
1 7 Guam Code §§ 40B106(b)(1)-(4), (c); 40B107(a), (c)
2 7 Guam Code § 40B106(b), (c)
How can a victim advocate help me during the court process?
A victim advocate is allowed to be with you in the courtroom. An advocate can also help you prepare your petition for a stalking protection order.1 You can find victim advocates on our Guam Advocates and Shelters page.
1 7 Guam Code § 40B103(c)
If the abuser lives in a different state or territory, can I still get an order against him/her?
When you and the abuser live in different states or territories, the judge may not have power (personal jurisdiction) over the abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an abuser who lives in a different state or territory from you:
- The abuser has a substantial connection to your territory. Perhaps the abuser regularly travels to your territory to visit you, for business, to see extended family or the abuser lived in your territory and moved recently.
- One of the acts of abuse “happened” in your territory. Perhaps the abuser sends you threatening texts or harassing phone calls from another state or territory, but you read the messages or answer the calls while you are in your territory. The judge could decide that the abuse “happened” to you while you were in your territory. It may also be possible that the abuser was in your territory when s/he abused you s/he but has since left the territory.
- If you file your petition and the abuser gets served with the court petition while s/he is in your territory, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, you could still get an order. If you file, the abuser may consent to it, or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge refuses to issue an order, it is possible that you can file for an order in the courthouse in the state or territory where the abuser lives, assuming you meet the requirements to qualify for an order there. However, remember that you might need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state or territory is far away.
If I am afraid to go to court for the hearing, is there another option?
You can request that the court allow you to attend by telephone, video conference, or by another two-way electronic communication device. In making a decision as to whether to allow it, the judge should consider whether your safety or welfare would be threatened if you were required to attend in person. The same standard also applies to a witness who is called to court to testify but would rather not attend in person.1
1 7 Guam Code § 40B105
Who is eligible for a stalking protection order
Who can file for a protection order?
You can file a petition against any adult or minor who has committed an act of stalking against you,1 your minor child, or another person. When filing on behalf of another person, you must have personal knowledge that this person has been the victim of stalking. Also, any adult household member can file on behalf of a minor child in the household who is a victim of stalking.2
Note: You do not have to report the stalking to the police. You can file for an order regardless of whether you report it or not.1
1 7 Guam Code § 40B106(a)
2 7 Guam Code § 40B103(b)
How much does it cost to get a stalking protection order? Do I need a lawyer?
You can file for an order for free. It is also free to have a public agency serve it and to get certified copies of the order from the court.
Many protection order cases are handled without a lawyer. However, it can often be helpful to have one represent you in court. If you believe that the abuser will have a lawyer or if there are complicated issues to be raised in your case, legal representation may be especially important.
For a list of legal organizations, go to our Guam Finding a Lawyer page. If you are going to be representing yourself in court, our Preparing for Court – By Yourself section may be useful to you.
1 7 Guam Code § 40B104
Steps for getting a stalking protection order
Step 1: Go to the superior court and fill out the forms.
You can go to the superior court to fill out the appropriate forms.1 To find the contact information for the superior court, go to our Guam Courthouse Locations page.
On the forms, you will be the “petitioner,” and the abuser will be the “respondent.” When writing about the incidents, include details and dates, if possible.
Remember to bring some form of personal identification, such as a driver’s license or other identification that includes your picture, in case you need to show it to the court clerk when you sign the forms.
You cannot be charged a fee to file for a stalking protection order.2
1 7 Guam Code § 40B102
2 7 Guam Code § 40B104
Step 2: A judge will review your petition and can issue you a temporary ex parte order
The judge will review your petition and might ask you some questions at an ex parte hearing. The judge will only issue an ex parte order if permanent harm (“irreparable injury”) could result if you had to notify the abuser before getting the order. Some examples of “irreparable injury” are when the abuser:
- recently threatened to cause you physical injury; or
- committed acts of stalking against you.1
The order will last for up to ten days until the case is set down for a “show cause hearing” for the permanent order.2
You can have a victim advocate in court with you during the hearing.3
1 7 Guam Code § 40B107(a), (b)
2 7 Guam Code § 40B105
3 7 Guam Code § 40B103(c)
Step 3: Service of process
The Marshals Division of the Superior Court of Guam will serve all orders of protection and show cause orders.1 You or your attorney will have to provide as much information as you can to help them find the abuser.2 The Marshal must let you or your attorney know as soon as the abuser is served. If they could not serve the abuser, they must explain what they did to attempt service.3 You may then ask for permission to serve the abuser in a different way, for example, by publishing and mailing a notice instead.4
You cannot be charged a fee by a public agency for service of process.5
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1 POR 5(A)
2 POR 3(A)(3)
3 POR 5(B)
4 POR 5(C)
5 7 Guam Code § 40B104
Step 4: The "show cause hearing" for a permanent order
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 stalking, as you alleged in your petition. You do not have to show proof of the abuser’s intentions. This means you don’t have to prove that the abuser meant to scare you or intimidate you.2 If the judge grants you an order, it should state on the order how long it lasts. The law 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 § 40B106(a)
3 7 Guam Code § 40B106(d)
4 POR 3(D)
5 7 Guam Code § 40B103(c)
6 7 Guam Code § 40B105
After the hearing
Can the abuser have a gun?
Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:
- First, read the questions on this page to see if judges in Guam have the power to remove guns as part of a temporary or final order;
- Second, go to our State Gun Laws section to read about Guam’s specific gun-related laws; and
- Third, you can read our Federal Gun Laws section to understand the federal laws that apply to all states and territories.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
What should I do when I leave the courthouse?
These are some things you may want to consider after you have been granted a protection order. Depending on what you think is safest in your situation, you may do any or all of the following:
- Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
- Make several copies of the protection order as soon as possible.
- Keep a copy of the order with you at all times.
- Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- Give a copy to the security guard or person at the front desk where you live or work along with a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may wish to consider changing your locks, if permitted by law, and your phone number.
You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.
What can I do if the abuser violates the order?
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 is 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)
Can the abuser try to change or dismiss a permanent stalking protection order?
If the abuser wants to change (modify) or end (terminate) an existing stalking protection order, they must prove both of the following:
- There has been a substantial change in circumstances; and
- Because of these changed circumstances, the abuser will not commit acts of stalking again in the future.1
1 7 Guam Code § 40B106(d)
What happens if I move? Is my order still effective?
Your order is good throughout Guam and the United States. Federal law provides what is called “full faith and credit,” meaning that once you have a criminal or civil protection order, it will be valid in the U.S., its territories, and tribal lands.1
You may also want to call the National Center on Protection Orders and Full Faith and Credit (1-800-903-0111 x 2) for information on enforcing your order in another state or territory.
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2265; POR 9(A)
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protection order, restraining order, or injunction that was issued by the court; and
- the registration of an order in a different state or territory.1
1 18 U.S.C. § 2265(d)(3)
Moving to Another State with an Order of Protection
General rules
Can I get my order of protection from Guam enforced in another state?
If you have a valid Guam order of protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid orders of protection granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my order of protection is good under federal law? to find out if your order of protection qualifies.
Each state must enforce out-of-state orders of protection in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state order of protection, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”
How do I know if my order of protection is good under federal law?
An order of protection is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)
I have a temporary (ex parte) order. Can it be enforced in another state?
An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?1
However, another state generally cannot extend your ex parte preliminary order or issue you a permanent order. If you need to extend your preliminary order, you will have to do so in Guam and appear at the hearing by telephone, or by electronic means if they allow it.
You may be able to apply for a new restraining order in the state you are moving to if you meet the requirements for getting a protective order in that state. However, this would let the abuser know what state you are living in, which may put you in danger. If you are concerned about your safety if you file for a new restraining order, it may be useful to talk to a local advocate to think about other options to stay safe. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.
1 18 U.S.C. § 2265(b)(2)
Getting your order of protection enforced in another state
How do I get my order of protection enforced in another state?
Federal law does not require you to take any special steps to get your order of protection enforced in another state.
Many states have laws or regulations (rules) about registering or filing out-of-state orders, which can make enforcement easier, but a valid order of protection is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.
Note: It is important to keep a copy of your order of protection with you at all times. It is also a good idea to know the rules of the states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.
1 18 U.S.C. § 2265(d)(2)
Do I need anything special to get my order of protection enforced in another state?
In some states, you will need a certified copy of your order of protection. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In Guam, a certified order usually has a stamped seal on it.
The copy you originally received may not be a certified copy. If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. Ask if there is a fee to get a certified copy.
Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.
Can I get someone to help me? Do I need a lawyer?
You do not need a lawyer to get your order of protection enforced in another state.
However, you may want to get help from a local domestic violence advocate or attorney in the state where you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order of protection, and help you through the process if you decide to do so.
To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the Places that Help tab at the top of this page.
Do I need to tell the Court in Guam if I move?
If you won’t be receiving mail at your old address, the court that issued your protective order needs to have an up-to-date address for you. That’s because they may communicate with you by mail if anything happens to your protective order. For example, the abuser may ask the court to modify or dismiss the order, and they would need to notify you about this.
If you provide your new address to the court, they should keep it confidential, but please double-check this with the court clerk. Your new address may be released to court officials in your new state or to law enforcement officials. If you feel unsafe sharing your new address, you might want to use a friend’s address you trust or a P.O. Box instead.
Enforcing custody provisions in another state
I was granted temporary custody with my order of protection. Will another state enforce this custody order?
Custody, visitation, and child support provisions that are included in an order of protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1
1 18 USC § 2266
Enforcing Your Out-Of-State Order in Guam
General rules for out-of-state orders in Guam
Can I get my protection order enforced in Guam? What are the requirements?
Your protection order can be enforced in Guam as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and the case. This means that the court had the authority to hear the case.
- The abuser received notice of the order and had an opportunity to go to court to tell their side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell their side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)
Can I have my out-of-state protection order changed, extended, or canceled in Guam?
Generally, only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Guam.
To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone or electronic means rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.
If your order does expire while you are living in Guam, you may be able to get a new one issued in Guam but this may be difficult to do if no new incidents of abuse have occurred in Guam. To find out more information on how to get a protective order in Guam, visit our Guam Domestic Violence Restraining Orders page.
I was granted temporary custody with my protection order. Will I still have temporary custody of my children in GU?
As long as the child custody provision complies with certain federal laws,1 Guam can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here Guam Finding a Lawyer.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
Registering your out-of-state order in Guam
What is the National Crime Information Center (NCIC) Registry? Who has access to it?
The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.
Before moving to Guam, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in Guam.
Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.1
1 See the FBI website
How do I register my protection order in Guam?
A certified copy of a protection order from another state can be filed with the Clerk of the Superior Court of Guam. It is then treated and filed like any court order issued in Guam. 1
You may want to call the clerk at your local courthouse to find out what documentation they need so that you can file your order with the superior court.
If you need help registering your protection order, you can contact a local domestic violence organization in Guam for assistance. You can find contact information for organizations in your area here on our Guam Advocates and Shelters page.
1 19 Guam Code § 14105(a); POR 9(b)(1)
Do I have to register my protection order in Guam in order to get it enforced?
Guam state law gives full protection to an out-of-state protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect. It does not have to be entered into the state or federal registry to be enforced by a Guam police officer, but the officer must believe it is a real (valid) order.
If you do choose to register it with the court, it will be given “full faith and credit” by the courts of Guam and enforced as if it were issued on Guam.1
1 19 Guam Code § 14105(b); POR 9(B)(2)
Will the abuser be notified if I register my protection order?
Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.
However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Planning page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our Guam Advocates and Shelters page.
1 18 U.S.C. § 2265(d)
What if I don't register my protection order? Will it be more difficult to have it enforced?
While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a Guam law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced.
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Guam. To see a list of local domestic violence organizations in Guam, go to our Guam Advocates and Shelters page.




