Restraining Orders

For purposes of getting a civil stalking protection order, stalking is defined as

• any act that is included in the crime of stalking; or
• a “course of conduct” that meets the following four requirements:
  1. It involves any of these repeated or continuing acts:
     • contacting you;
     • attempting to contact you;
     • monitoring you;
     • tracking you;
     • keeping you under observation; or
     • following you;
  2. It would reasonably cause a person to feel intimidated, frightened, or threatened;
  3. It has no lawful purpose; and
  4. The stalker knows or should know that the conduct threatens, frightens, or intimidates you, even if the stalker did not mean make you feel that way.¹

Note: A course of conduct can be acts that are physical, verbal, written, electronic, or done through other means. The stalker can use a phone, computer, computer network, computer system, telephone network, data network, text message, instant message, or other method.²

¹ 7 Guam Code § 40B101(b)
² 7 Guam Code § 40B101(b)(2)

A temporary ex parte protection order can order the respondent to:

1. not have physical or non-physical contact with you, either directly, indirectly, or through third parties regardless of whether those third parties know of the order;
2. be removed (excluded) from your home, workplace, school, or from the daycare or school of your children;
3. not come within a certain distance of a specific location;
4. not keep you or your children under surveillance, electronic or otherwise; and
5. surrender all firearms, ammunition, permits to purchase firearms, permits to carry firearms, and other dangerous weapons if:
   •  you request these gun-related protections; and
   • the judge believes the respondent did any of the following:

• used or threatened to use a dangerous weapon;
• committed a pattern of conduct in the past that involved the use or threatened use of violence with a firearm;
  • made threats to seriously injure or kill you or your child or to commit suicide; or
  • caused you or your child serious injuries.¹

A permanent protection order can do the following:

• order all five protections listed above; and
• in addition, order the respondent to:
  
  • do something or not do something that the judge believes would be necessary or appropriate to protect you;
  • go through a mental health or chemical dependency evaluation; and
  • pay your administrative court costs, service fees, and reasonable attorneys’ fees.²

¹ 7 Guam Code §§ 40B106(b)(1)-(4), (c); 40B107(a), (c)
² 7 Guam Code § 40B106(b), (c)

When you and the abuser live in different states or territories, the judge may not have power (personal jurisdiction) over the abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an abuser who lives in a different state or territory from you:

1. The abuser has a substantial connection to your territory. Perhaps the abuser regularly travels to your territory to visit you, for business, to see extended family or the abuser lived in your territory and moved recently.
2. One of the acts of abuse “happened” in your territory. Perhaps the abuser sends you threatening texts or harassing phone calls from another state or territory, but you read the messages or answer the calls while you are in your territory. The judge could decide that the abuse “happened” to you while you were in your territory. It may also be possible that the abuser was in your territory when s/he abused you s/he but has since left the territory.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your territory, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, you could still get an order. If you file, the abuser may consent to it, or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge refuses to issue an order, it is possible that you can file for an order in the courthouse in the state or territory where the abuser lives, assuming you meet the requirements to qualify for an order there.  However, remember that you might need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state or territory is far away.