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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)
