Legal Information: Guam

Restraining Orders

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Updated: 
October 31, 2023

What protections can I get in an order of protection?

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

  • order the respondent to stop harassing, abusing, threatening, using or attempting to use physical force or cause bodily injury to the you and your minor children;
  • order the respondent to have no communication with you and your children, either directly or indirectly;
  • order the respondent to stay 500 feet away from you, your minor child/ren, your home, your place of employment, and your school;
  • award you temporary custody of your children in a temporary order or permanent custody in a permanent order;
  • allow the respondent to have visitation or prohibit all visitation;
  • order the respondent to not interfere with your temporary custody and to not remove your children from Guam;
  • if the home is jointly owned or leased by you and the abuser, giving you exclusive possession of the family home by evicting the respondent or, if you already left the home, you can be put back in the home;1
  • if the home is owned or leased only by the respondent, the judge can still give you exclusive possession of the family home by evicting the respondent or, if you already left the home, you can be put back in the home if the respondent has a legal duty to support you or your minor children who were living in the residence. Note: Another possibility, if both parties agree, is that the judge can approve an agreement that would allow the respondent to remain in the home but to provide you with suitable, alternative housing; 
  • if you are married to the abuser, or if you have a minor child in common and you live together, the respondent can be ordered 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; and 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 with the abuser; and maintain such policies without change in coverage or beneficiary designation;
    • provide you with 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 a legal duty to support them and the ability to pay;2
  • order the respondent to pay certain costs and fees, including rent or mortgage payments, child support, medical and dental costs, court costs, or attorneys fees; and
  • order the abuser to 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.1

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)

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