English
EspañolStep 1: Go to the superior court and fill out the forms.
You can go to the superior court to fill out the appropriate forms.1 To find the contact information for the superior court, go to our Guam Courthouse Locations page.
On the forms, you will be the “petitioner,” and the abuser will be the “respondent.” When writing about the incidents, include details and dates, if possible.
Remember to bring some form of personal identification, such as a driver’s license or other identification that includes your picture, in case you need to show it to the court clerk when you sign the forms.
You cannot be charged a fee to file for a stalking protection order.2
1 7 Guam Code § 40B102
2 7 Guam Code § 40B104
Step 2: A judge will review your petition and can issue you a temporary ex parte order
The judge will review your petition and might ask you some questions at an ex parte hearing. The judge will only issue an ex parte order if permanent harm (“irreparable injury”) could result if you had to notify the abuser before getting the order. Some examples of “irreparable injury” are when the abuser:
- recently threatened to cause you physical injury; or
- committed acts of stalking against you.1
The order will last for up to ten days until the case is set down for a “show cause hearing” for the permanent order.2
You can have a victim advocate in court with you during the hearing.3
1 7 Guam Code § 40B107(a), (b)
2 7 Guam Code § 40B105
3 7 Guam Code § 40B103(c)
Step 3: Service of process
The Marshals Division of the Superior Court of Guam will serve all orders of protection and show cause orders.1 You or your attorney will have to provide as much information as you can to help them find the abuser.2 The Marshal must let you or your attorney know as soon as the abuser is served. If they could not serve the abuser, they must explain what they did to attempt service.3 You may then ask for permission to serve the abuser in a different way, for example, by publishing and mailing a notice instead.4
You cannot be charged a fee by a public agency for service of process.5
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1 POR 5(A)
2 POR 3(A)(3)
3 POR 5(B)
4 POR 5(C)
5 7 Guam Code § 40B104
Step 4: The "show cause hearing" for a permanent order
If the respondent does not appear after proper notification, the case may proceed.1
At the “show cause hearing,” you will have to prove that you are a victim of stalking, as you alleged in your petition. You do not have to show proof of the abuser’s intentions. This means you don’t have to prove that the abuser meant to scare you or intimidate you.2 If the judge grants you an order, it should state on the order how long it lasts. The law says that the judge can order it for “a fixed period of time as the court deems appropriate.”3 Another option is for the respondent to agree to the order without going through a full hearing or trial.4 This is called a consent agreement.
You can have a victim advocate in court with you during the hearing, and you can talk to that advocate during the trial to help you make decisions that need to be made.5 To find an advocate, go to our Guam Advocates and Shelters page. If you will be representing yourself, see our At the Hearing page for ways you can show the judge that you were abused. For legal help and representation, go to our Guam Finding a Lawyer page.
If you are afraid to go to court, you can request that the judge allow you to “appear” in court by telephone, video conference, or by another two-way electronic communication device. In making this decision as to whether to allow it, the judge should consider whether your safety or welfare would be threatened if testimony were required to be provided in person at a proceeding. The same protections also apply to a witness who is called to court to testify.6 Our Virtual Hearings page has more information that might be useful to help you decide if this is the right option for you.
1 POR 3(C)(2)(c)
2 7 Guam Code § 40B106(a)
3 7 Guam Code § 40B106(d)
4 POR 3(D)
5 7 Guam Code § 40B103(c)
6 7 Guam Code § 40B105
