Statutes: Guam

(a) (1) When any person charged with or arrested for stalking, as defined in Title 9 GCA, Chapter 19, § 19.70 or any other stalking-related offense, is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, and the victim does not qualify for a protection from abuse order under 7 GCA Chapter 40, the court authorizing the release may issue a stalking protection order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.

(2) In issuing the order, the court shall order the respondent to surrender all firearms, ammunition, permits to purchase firearms, permits to carry firearms, and other dangerous weapons that are in the care, custody, possession, ownership, or control of the respondent if the court finds any of the following factors are present and the petitioner requests that the respondent’s firearms, ammunition, permits to purchase firearms, permits to carry concealed firearms, and other dangerous weapons be seized:

(A) the use or threatened use of a dangerous weapon by the respondent or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons;

(B) threats to seriously injure or kill the petitioner or minor child by the respondent;

(C) threats to commit suicide by the respondent; or

(D) serious injuries inflicted by the respondent upon the petitioner or a minor child.

(b) A stalking protection order issued by the court in conjunction with criminal charges shall terminate if the respondent is acquitted or the charges are dismissed, unless the victim files an independent action for a stalking protection order. If the victim files an independent action for a stalking protection order, the order may be continued by the court until a full hearing is conducted pursuant to § 40B105 of this Chapter.

(c) The written order releasing the person charged or arrested shall contain the court’s directives and shall bear the legend:

“Violation of this Order is a criminal offense and will subject a violator to arrest. You can be arrested even if any person protected by the Order invites or allows you to violate the Order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the Order’s provisions. Only the Court can change the Order.”

(d) A certified copy of the order shall be provided to the victim at no charge.

(e) When a respondent is found guilty of stalking, as defined in Title 9 GCA Chapter 19, § 19.70 or any other stalking-related offense, and a condition of the sentence restricts the respondent’s ability to have contact with the victim, and the victim does not qualify for a protection from abuse order under 7 GCA Chapter 40, the condition shall be recorded as a stalking no-contact order.

(f) The written order entered as a condition of sentencing shall contain the court’s directives and shall bear the legend:

“Violation of this Order is a criminal offense and will subject a violator to arrest. You can be arrested even if any person protected by the Order invites or allows you to violate the Order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the Order’s provisions. Only the Court can change the Order.”

(g) A final stalking no-contact order entered in conjunction with a criminal prosecution shall remain in effect for a period of at least five (5) years following the expiration of the latest sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole.

(h) A certified copy of the order shall be provided to the victim at no charge.

(i) A knowing violation of a court order issued under this Section is a misdemeanor punishable by imprisonment of no less than forty-eight (48) hours and not more than one (1) year, and by a fine of not more than One Thousand Dollars ($1,000).