English
EspañolWho 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 current or former spouse;
- someone you live with or lived with in the past;
- 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/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
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?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
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 GU 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 MR 2.1.2.(C); 19 Guam Code §§ 14104; 40103(d)
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)
