Restraining Orders

A temporary order of protection and a permanent order of protection can do the following:

• order the respondent to:
  • stop harassing, abusing, and threatening you and your children;
  • not use or attempt to use physical force or cause bodily injury;
  • have no communication with you and your children, either directly or indirectly;
  • stay 500 feet away from you, your minor child/ren, your home, your place of employment, and your school;
  • order the respondent to not interfere with your temporary custody and to not remove your children from Guam;
  • pay certain costs and fees, including rent or mortgage payments, child support, medical and dental costs, court costs, or attorneys fees; and
  • temporarily or permanently surrender any kind of weapon or instrument that could cause harm or injury if it were in the possession of the respondent;
• give you custody of your children;
• allow the respondent to have visitation or deny visitation;
• if the home is jointly owned or leased by you and the abuser:
  • give you exclusive possession of the family home by evicting the respondent; or 
  • put back into the home if you already left the home;¹
• if the home is owned or leased only by the respondent and the the respondent has a legal duty to support you or your minor children who were living in the home:
  • give you exclusive possession of the family home by evicting the respondent; 
  • put back into the home if you already left the home; or
  • approve any agreement between you and the abuser that allows the respondent to remain in the home but gives you suitable, alternative housing; 
• if you are married to the abuser, or if you have a minor child in common and you live together, order the respondent to:
  • not take any action that could result in the termination of any necessary utility services or services related to the family home or your home where you live with your children;
  • pay for (maintain) utility services or other necessary services;
  • not take any action that could result in the cancelation, change of coverage, or change of beneficiary of any health, automobile, or homeowners insurance policy that would harm you or your children;
  • pay for (maintain) insurance policies without change in coverage or beneficiary designation;
  • give you temporary possession of any automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key, or other necessary specified personal items; 
  • make rent or mortgage payments on the family home or your home where you live with your children;
  • pay child support if the respondent has the ability to pay.²

Note: In a permanent order of protection, if the judge finds “probable cause” to do so, the judge is supposed to require the respondent to immediately surrender all firearms and ammunition to the Marshal of the Court, or to another other law enforcement officer. “Probable cause” can come from the allegations you made in your petition or from evidence presented at the hearing. In addition, the judge can issue any search warrants that are necessary for the Marshal to get the weapons and ammunition.³

¹ MR 2.1.4.
² 7 Guam Code § 40105(a)(3), (a)(4), (a)(5)
³ MR 2.1.8.(A)(1), (A)(2)