Restraining Orders

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