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EspañolCan the abuser have a gun?
Once you get a protection order, there may be laws that prohibit the respondent from having a gun. 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?
There are several things that you may want to consider when you leave the courthouse. You will have to evaluate each one and see if it is safe for your situation.
- 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.
- Keep a copy of the order with you at all times.
- Make several copies of the order as soon as possible and 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 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.
- If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
- Consider changing your locks and your phone number.
You may also want to make a safety plan. People can do 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 protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
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 is 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 committing 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 a permanent sexual offense protection order be changed or dismissed?
You or the abuser can go back to court at any time to ask the judge to change (modify) or end (terminate) an existing order or agreement. The judge will decide whether to make changes.1
1 7 Guam Code § 40A106(e)
What happens if I move? Is my order still effective?
Your order is good throughout Guam and the United States. Federal law provides what is called “full faith and credit,” which means 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; and
- the registration of an order in a different state or territory.1
1 18 U.S.C. § 2265(d)(3)
