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Legal Information: Guam

Statutes: Guam

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Updated: 
December 10, 2020

30.21. Conditions of Release

(a) Should a person, charged with a crime involving family violence or a violation of a court order, be released, the court may impose the following conditions of release:

(1) an order enjoining the person from threatening to commit or committing acts of family violence against the alleged victim or other family or household member;

(2) an order prohibiting the person from harassing, annoying, telephoning, contacting or otherwise communicating with the alleged victim, either directly or indirectly;

(3) an order directing the person to vacate the residence;

(4) an order directing the person to stay away from the alleged victim and any other family or household member, the residence, school, place of employment or any other specified place frequented by the alleged victim or any other family or household member;

(5) an order prohibiting the person from using or possessing a firearm or other weapon specified by the Court;

(6) an order prohibiting the person from possession or consumption of alcohol or controlled substances;

(7) an order granting the alleged victim possession and use of the automobile and other essential personal effects;

(8) any other order required to protect the safety of the alleged victim and to ensure the appearance of the person in Court.

(b) If conditions of release are imposed, the Court shall:
(1) issue a written order for conditional release; and
(2) immediately distribute a copy of the order to the Guam Police Department and the Office of the Attorney General, Prosecution Division.

(c) The Court shall provide a copy of the conditions to the arrested or charged person and his/her counsel upon his or her release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions.

(d) If conditions of release are imposed without a hearing, the arrested or charged person may request a prompt hearing before the Court to review the conditions. Upon such a request, the Court shall hold a prompt hearing to review the conditions.

(e) When a person who is arrested for or charged with a crime involving family violence or a violation of a court order is released from custody, the Office of the Attorney General shall:
(1) use all reasonable means to immediately notify the victim of the alleged crime of the release; and
(2) furnish the victim of the alleged crime, at no cost, a certified copy of any conditions of release.