Statutes updated through P.L. 36–101(June 15, 2022). To read individual laws, you can search the Guam statutes on the Guam Courts website.
Statutes: Guam
Statutes: Guam
Title 5. Government Operations
Division 3. Legal and Consumer Affairs
Chapter 34. Child Support
Article 1. Enforcement of Support
34102. Definitions
As used in this Chapter:
(a) Absent parent means any person who is responsible for the support of a child, who is absent from the household whether such person’s location is known or unknown, and who fails to provide for the support of such child.
(b) Department means the Department of Law, unless otherwise expressly provided or unless the context clearly requires otherwise.
(c) Dependent child means a person who has not reached the age of majority or who is eligible for assistance to dependent children.
(d) Public assistance or assistance means any money payments made by the Department which are paid to or for the benefit of any dependent child.
(e) Child Support Enforcement Agency means the Department of Law, Family Division.
(f) Attorney General means the Attorney General of Guam or that persons designee within the Department of Law, Family Division.
34105.2. Termination of Child Support
(a) An order of current child support entered by a Court or tribunal shall terminate by operation of law when the child on whose behalf the support is owed marries, becomes emancipated, or the latter of reaching the age of majority or graduating from high school or equivalent, but not to exceed nineteen (19) years of age; provided that the child remains in the custody and care of, and resides with, the custodial parent, or for those who are identified as special education students, who continue with their high school program, the order shall extend through the age of twenty-two (22). If the child is still in high school and is due to turn eighteen (18) years of age, or twenty-one (21) years of age for special education students, during the school year, the custodial parent shall inform the Office of the Attorney General’s Child Support Enforcement Division no later than thirty (30) calendar days prior to the child’s eighteenth (18th) birthday, or twenty-first (21st) birthday for special education students. The custodial parent shall at that time submit to the Office of Attorney General’s Child Support Enforcement Division an official certification of enrollment/attendance evidencing his or her child’s active status as a student. In the event the child is no longer enrolled as a student, voluntarily or involuntarily, the custodial parent shall, within ten (10) business days, notify the Office of the Attorney General’s Child Support Enforcement Division, upon which time child support shall terminate.
(b) The provisions contained in § 34105.2 (a) shall not apply to child support cases where a different arrangement has been agreed to by the custodial parent and non-custodial parent, extending child support obligations beyond eighteen (18) years of age, and which agreements have been duly approved by a Court or tribunal.
34121. Vacation or Modification of Orders
The provisions of any order respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of a substantial and material change of circumstances. Furthermore, any order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended nor the execution of the order stayed pending an appeal. The Superior Court of Guam shall have authority to modify any order, award, stipulation, or agreement as to child support (whether or not merged or integrated into a decree of divorce or separation) upon a showing of substantial and material change of circumstances. Inability to provide support or need for increased support because of unreasonable obligations voluntarily incurred shall not constitute a showing of substantial and material change of circumstances.
34128. Health Care Insurance Mandatory
(a) Whenever the Superior Court of Guam issues or modifies an order concerning [child support], including provisions for child support in divorce decrees, the court shall include health care insurance coverage for the child or children as part of both parents obligation of support for health insurance if health care insurance is available at a reasonable cost. The court shall determine the burden of obligation of support for health insurance from either or from both parents in the best interest of the child or children. Any order for health care insurance shall be enforceable against the custodial parent and/or the non-custodial parent.
(b) When an obligor is ordered to provide health insurance for a minor child, the child is eligible for health care coverage as a dependent of the obligor until the child’s eighteenth (18th) birthday or until further order of the court, and without regard to open enrollment restrictions.
(c) If health care coverage through an employment-related group health care plan is available through the obligors employer, the Child Support Enforcement Office shall send a National Medical Support Notice (NMSN) to the employer to transfer notice of the court-ordered provision for health care coverage; except that the NMSN need not be used if a court or administrative order provides for alternative coverage other than an employer-related health care plan. If a current order for medical support is no longer in effect, then the Child Support Enforcement Office shall promptly notify the employer. The form of NMSN was printed as an appendix to 65 Fed. Reg. 82154 (2000) (a portion of which was codified as 45 C.F.R. § 303.32 without appendix).
(d) In addition to the provisions of this § 34128 or the provisions of § 34307 in this Title, within two (2) working days after the date information regarding a newly hired employee is entered into the Directory of New Hires, the Child Support Enforcement Office shall transfer the NMSN to the employer of an obligor whenever the child receives:
(1) temporary assistance for needy families or foster care or medicaid assistance; or
(2) services which are provided upon application of a custodial parent to the Department.
(e) An employer who has received an NMSN must transfer it to the plan administrator of the appropriate group health plan within twenty (20) business days of the date of the NMSN. If an employer who has received an NMSN fails to transfer the NMSN to the plan administrator of the appropriate group health plan within the twenty (20) business-day period, then in a proceeding to enforce the transfer, the court may impose a fine on the employer of up to Two Hundred Dollars ($200.00) per calendar day that the employer has failed to transfer the NMSN to the plan administrator to be paid to the General Fund, except that if the employer is found to have willfully refused to comply with transferring the NMSN, then the court may assess up to Five Hundred Dollars ($500.00) per calendar day. A business day as used in this Subsection (e) shall mean a day on which the government of Guam is open for business.
(f) An employer must withhold from the obligors compensation the obligors share, if any, of premiums for health care coverage and pay amounts withheld directly to the health insurance provider; except that, if the amount required to be withheld for health care coverage, either alone or when added to the total of any withholding required by a child support order, exceeds fifty percent (50%) of the obligors disposable income, then the employer shall withhold fifty percent (50%) of the obligors disposable income, and shall apply the amount withheld first to the obligors share of premiums for health care coverage.
(g) The obligor may contest the withholding for health care coverage at any time, but only on the basis of mistake of fact. To contest, the obligor must file a written request for a hearing with the Child Support Enforcement Office, which shall put the matter on for hearing, and the court shall determine whether the withholding for health care coverage is improper due to a mistake of fact. Regardless of any contest filed or which is pending, the employer shall initiate withholding or continue withholding for health care coverage. The Child Support Enforcement Office shall notify the employer of the courts determination only if the withholding is affected in any manner.
(h) So long as an obligor is employed, the employer of the obligor may not dis-enroll or eliminate coverage for any of the obligors children covered, unless the employer has eliminated family health coverage for all of its employees, or unless the employer is notified in writing by the Child Support Enforcement Office either that the order for health coverage is no longer in effect, or that the child is or will be enrolled in comparable coverage which will take effect no later than the effective date of dis-enrollment.
(i) An employer must notify promptly the Child Support Enforcement Office whenever the non-custodial parents employment is terminated, along with the non-custodial parents last known address and the name and address of the non-custodial parents new employer, if known.
(j) Whenever a custodial or non-custodial parent incurs uninsured but necessary health care costs of their children, the parent incurring the costs may present receipts to the court and the court may decide upon a reimbursement plan and enter an order for payment by one parent to the other. The reimbursement plan shall be in proportion to each parents respective percentages of income according to child support guidelines.
(k) If the obligors employer has more than one (1) option for health care coverage available, the Child Support Enforcement Office must promptly select one (1) of the options after consulting with the custodial parent.
Title 7. Civil Procedure and Judiciary
Division 3. Special Proceedings
Chapter 34. Contempt of Court
34101. What is Contempt of Court
(a) The following acts or omissions are contempt of court:
1. Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding;
2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding;
3. Misbehavior in office, or other wilful neglect or violation of duty by an attorney, counsel, clerk, commissioner, or other person, appointed or elected to perform a judicial or ministerial service;
4. Abuse of the process or proceedings of the court, or falsely pretending to act under authority of an order or process of the court;
5. Disobedience of any lawful judgment, order, or process of the court;
6. Assuming to be an officer, attorney, or counselor of a court, and acting as such, without authority;
7. Rescuing a person or property in the custody of an officer by virtue of an order or process of such court;
8. Unlawfully detaining a witness, or a party to an action, while going to, remaining at, or returning from the court where the action is on the calendar for trial;
9. Any other unlawful interference with the process or proceedings of a court;
10. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;
11. Disobedience by an inferior tribunal, magistrate, or officer, of the lawful judgment, order, or process of the Supreme Court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or officer.
(b) Any person found guilty of a contempt of court pursuant to § 34102(a) is punishable by a fine not exceeding $25 or by imprisonment not exceeding five days or by both. Any person found guilty of a contempt of court pursuant to § 34102(b) is subject to the same penalties as a person found guilty of a petty misdemeanor.
Chapter 40. Protection from Abuse
40101. Definitions.
As used in this Chapter:
(a) Abuse means the occurrence of one (1) or more of the following acts between family or household members:
(1) attempting to cause or intentionally or knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon;
(2) placing by physical menace another in fear of imminent serious bodily injury; or
(3) sexually abusing minor children.
(b) Adult means any person eighteen (18) years of age or older.
(c) Court means the Superior Court.
(d) Family or household members means:
(1) Current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated;
(4) Adults or minors who are engaged in or who have engaged in a sexual relationship;
(5) Adults or minors who are related by blood or adoption to the fourth (4th) degree of affinity;
(6) Adults or minors who are related or were formerly related by marriage;
(7) Persons who have a child in common; or
(8) Minor children of persons described in paragraphs (1) through (7) above.
40103. Commencement of Proceedings
(a) A person may seek relief under this Chapter for himself or herself or on behalf of another person if he or she has personal knowledge that such person has been abused, or any parent or adult household member may seek relief under this Chapter on behalf of minor children by filing a petition with the court alleging abuse by the defendant.
(b) Victim advocates, as defined in 6 GCA, Chapter 9, § 9102(a), shall be allowed to accompany the victim and confer with the victim, unless otherwise directed by the court. The court shall allow victim advocates to assist victims of abuse in the preparation of petitions for abuse protection orders. Communications between the petitioner and a victim advocate are protected as provided by 6 GCA Chapter 9, § 9102(b).
(c) A plaintiff or witness may request, without the need for a motion or good cause determination, that the court allow appearance by telephone, videoconference or by other two (2)-way electronic communication device. The court shall consider whether the safety or welfare of the plaintiff or witness would be threatened if testimony were required to be provided in person at a proceeding.
(d) No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this Chapter. Petitioners shall be provided the necessary number of certified copies at no cost.
40104. Hearing
(a) Within 10 days of the filing of a petition under this Chapter, a hearing shall be held at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence. The court shall advise the defendant of his right to be represented by counsel.
(b) The court may enter such temporary orders as it deems necessary to protect the plaintiff or minor children from abuse upon good cause shown in an ex parte proceeding. Immediate and present danger of abuse to the plaintiff or minor children shall constitute good cause for purposes of this section.
(c) If a hearing under subsection (a) is continued, the court may make or extend such temporary orders under subsection (b) as it deems necessary.
40105. Relief.
(a) The court shall be empowered to grant protection by appropriate order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children, which are not limited to, but may include:
(1) directing the defendant to refrain from abusing the plaintiff or minor children;
(2) granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff when the residence or household is jointly owned or leased by the parties;
(3) when the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant to restoring possession to the plaintiff or by consent agreement allowing the defendant to provide suitable, alternative housing;
(4) when the plaintiff and defendant are spouses, or persons who have a minor child or children in common and who live together, and if necessary to maintain the safety and basic needs of the plaintiff or the minor child or children in common of the plaintiff and defendant, prohibiting the defendant from:
(A) taking any action that could result in the termination of any necessary utility services or services related to the family dwelling or the dwelling of the plaintiff; or
(B) taking any action that could result in the cancellation, change of coverage, or change of beneficiary of any health, automobile, or homeowners insurance policy to the detriment of the plaintiff or the dependent child or children in common of the plaintiff and defendant;
(5) when the plaintiff and defendant are spouses, or persons who have a dependent child or children in common and who live together, and if necessary to maintain the safety and basic needs of the plaintiff or the minor child or children in common of the plaintiff and defendant, providing the plaintiff with temporary possession of any automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key, or other necessary specified personal effects; or directing the defendant to:
(A) make rent or mortgage payments on the family dwelling or the dwelling of the plaintiff and the minor child or children in common of the plaintiff and defendant;
(B) maintain utility services or other necessary services related to the family dwelling or the dwelling of the plaintiff and the minor child or children in common of the plaintiff and defendant;
(C) maintain all existing health, automobile, or homeowners insurance coverage without change in coverage or beneficiary designation; or
(D) provide financial support for the benefit of any minor child or children in common of the plaintiff and the defendant; provided, that the defendant has a legal duty to support such child or children and the ability to pay; or
(6) awarding temporary custody or establishing temporary visitation rights with regard to minor children.
(b) Any protection order or approved consent agreement shall be for a fixed period of time as the court deems appropriate. The court may amend its order or agreement at any time upon subsequent petition or motion filed by either party. These provisions are intended to provide victims of family violence immediate relief, and not intended to replace the legal processes for support, custody, or divorce.
(c) No order or agreement under this Chapter shall in any manner affect title to any real property.
Title 8. Criminal Procedure
Chapter 161. Compensation for Damages from Criminal Activities
161.50. Eligibility for Compensation
(a) In the event any person is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of Guam after September 30, 1980, which act or omission is within the description of the crimes enumerated in Section 161.55, the Commission may, in its discretion, upon an application, order the payment of compensation in accordance with this Chapter:
(1) to or for the benefit of the victim;
(2) to any person responsible for the maintenance of the victim, where that person has suffered pecuniary loss or incurred expenses as a result of the victim’s injury or death;
(3) in the case of the death of the victim, to or for the benefit of any one (1) or more of the dependents of the deceased victim; or
(4) to a parent of an adult deceased victim, or to an adult son or daughter of a deceased victim, where the parent or adult son or daughter has incurred expenses on account of hospital, medical, funeral and burial expenses as a result of the victim’s injury and death.
(b) For the purposes of this Chapter, a person shall be deemed to have intentionally committed an act or omission, notwithstanding that by reason of age, insanity, drunkenness or otherwise, he or she was legally incapable of forming a criminal intent.
(c) In determining whether to make an order under this Section, the Commission may consider any circumstances it determines to be relevant, and the Commission shall consider the behavior of the victim, and whether, because of provocation or otherwise, the victim bears any share of responsibility for the crime that caused his or her injury or death, and the Commission shall reduce the amount of compensation in accordance with its assessment of the degree of such responsibility attributable to the victim.
(d) An order may be made under this Section whether or not any person is prosecuted for or convicted of a crime arising out of an act or omission described in Subsection (a) of this Section; provided, that an arrest has been made or such act or omission has been reported to the police without undue delay. No order may be made under this Section unless the Commission finds that:
(1) the act or omission did occur; and
(2) the injury or death of the victim resulted from the act or omission.
(e) Upon application from either the Attorney General or the Chief of Police, the Commission may suspend proceedings under this Chapter for such period as it deems desirable on the ground that a prosecution for a crime arising out of the act or omission has been commenced or is imminent, or that release of the investigation report would be detrimental to the public interest.
(f) If a resident of Guam is a victim of a crime as defined in Section 161.55 of this Chapter, but the crime occurred outside the boundaries of Guam, the resident has the same rights under the provisions of this Chapter as if the crime had occurred within Guam upon a showing that the state, territory, country or political subdivision of a country in which the crime occurred does not have a crime victim’s compensation law which covers the injury or death suffered by the resident.
161.55. Violent Crimes
(a) The crimes to which this Chapter applies are the following:
(1) Aggravated Murder (Criminal and Correctional Code, § 16.30);
(2) Murder (Criminal and Correctional Code, § 16.40);
(3) Manslaughter (Criminal and Correctional Code, § 16.50);
(4) Aggravated Assault (Criminal and Correctional Code, § 19.20);
(5) Assault (Criminal and Correctional Code, § 19.30);
(6) Kidnapping (Criminal and Correctional Code, § 22.20);
(7) Felonious Restraints (Criminal and Correctional Code, § 22.20);
(8) Child Stealing (Criminal and Correctional Code, § 22.40);
(9) Custodial Interference (Criminal and Correctional Code, § 22.50);
(10) Criminal Sexual Conduct in the First Degree (Criminal and Correctional Code, § 25.15);
(11) Criminal Sexual Conduct in the Second Degree (Criminal and Correctional Code, § 25.20);
(12) Criminal Sexual Conduct in the Third Degree (Criminal and Correctional Code, § 25.25);
(13) Criminal Sexual Conduct in the Fourth Degree (Criminal and Correctional Code, § 25.30);
(14) Assault with Intent to Commit Criminal Sexual Conduct (Criminal and Correctional Code, § 25.35);
(15) Driving under the Influence of Alcohol and Controlled Substances (Title 16, Guam Code Annotated, § 18102);
(16) Conviction Involving a Child (Title 16, Guam Code Annotated, § 18109), provided a child under the age of sixteen (16) was injured as a result of an accident in which the vehicle operated by the person charged with the above violation was involved;
(17) Vehicular Negligence with Injury to a Person Other than the Driver (Title 16, Guam Code Annotated, § 18110);
(18) Vehicular Homicide (Title 16, Guam Code Annotated, § 18111);
(19) Drinking While Driving a Motor Vehicle upon any Highway (Title 16, Guam Code Annotated, § 18119), provided a person other than the driver was injured as a result of such drinking and driving;
(20) Stalking (Criminal and Correctional Code, § 19.70); and
(21) Family Violence (Third Degree Felony and Misdemeanor) and Violation of a Court Order (Misdemeanor) (Criminal and Correctional Code, Chapter 30).
(b) For the purpose of this Chapter, the operation of a motor vehicle, boat or aircraft that results in an injury or death shall not constitute a crime, unless the injuries were intentionally inflicted through the use of such vehicle, boat or aircraft or unless the conduct constitutes a violation of Title 16, Guam Code Annotated, § 18101, et seq. (The Safe Streets Act).
(c) Any fine imposed pursuant to Section 80.50 of this Title for conviction of any crimes specified in Subsections (a) (1) through (14) and (20) and (21) of this Section shall be paid into the Criminal Injuries Compensation Fund established by Section 161.90 of this Chapter.
161.60. Award of Compensation
The Commission may order, only from available balances in the Criminal Injuries Compensation Fund, the payment of compensation under this Chapter for:
(a) expenses actually and reasonably incurred as a result of the injury or death of the victim;
(b) loss to the victim of earning power as a result of total or partial incapacity;
(c) pecuniary loss to the dependents of the deceased victim;
(d) pain and suffering to the victim; and
(e) any other pecuniary loss directly resulting from the injury or death of the victim which the Commission determines to be reasonable and proper.
161.70. Recovery from Offender
Whenever any person is convicted of an offense that includes any crime enumerated in Section 161.55 of this Chapter and an order for the payment of compensation is or has been made under this Chapter for injury or death resulting from the act or omission constituting such offense, the Commission may institute a derivative action in the Superior Court against the person or against any person liable at law on his or her behalf, in the name of the victim or such of his or her dependents as have been awarded compensation under this Chapter, for such damages as may be recoverable at common law by the victim or such dependents without reference to the payment of compensation. The court shall have jurisdiction to hear, determine and render judgment in any such action. The time of the occurrence of the act or omission until conviction of the offense and, thereafter, as long as the offender is in confinement for conviction of the offense, shall not constitute any part of the time limited for the commencement of the action by the Commission under the applicable statute of limitations. Any recovery in the action shall belong to the government of Guam; provided, that the Commission shall amend its order of compensation to provide for the payment of any portion of the recovery in excess of the amount of compensation prescribed in the order to any of the persons entitled to receive compensation under Section 161.50 of this Chapter in such proportions and upon such terms as the Commission shall deem appropriate.
161.71. Fines Imposed on Offenders
Whenever a fine is imposed upon an offender and such fine is to be deposited into the Criminal Injuries Compensation Fund, and such fine is not to be deposited into the fund within one hundred eighty (180) days of the imposition of sentence, the Commission may institute a civil action in Superior Court against the offender to recover the amount of such fine, provided, however, the offender is not in the process of seeking judicial review of such conviction. The statutes of limitation for commencing such civil action shall be tolled while the offender is absent from Guam or incarcerated in any facility whatsoever. Any recovery from the offender, excluding costs and attorney fees, shall be deposited into the Criminal Injuries Compensation Fund.
161.75. Eligibility for Compensation
In the event a private citizen incurs injury or property damage in preventing the commission of a crime within Guam, in apprehending a person who has committed a crime within Guam, or in materially assisting a peace officer who is engaged in the prevention or attempted prevention of such a crime or the apprehension or attempted apprehension of such a person, the Commission may, in its discretion, upon an application, order the payment of compensation in accordance with this Chapter:
(a) to or for the benefit of the private citizen; or
(b) to any person responsible for the maintenance of the private citizen, where that person has suffered pecuniary loss or incurred expenses as a result of the private citizen’s injury.
161.80. Award of Compensation
The Commission may order the payment of compensation under this Chapter for:
(a) expenses actually and reasonably incurred as a result of the injury of the private citizen;
(b) pain and suffering to the private citizen;
(c) loss to the private citizen of earning power as a result of total or partial incapacity; and
(d) pecuniary loss to the private citizen directly resulting from damage to his or her property.
161.85. Terms of Order
Except as otherwise provided in this Chapter, any order for the payment of compensation under this Chapter may be made on such terms as the Commission deems appropriate. Without limiting the generality of the preceding sentence, the order may provide for apportionment of the compensation, for the holding of the compensation or any part thereof in trust, for the payment of the compensation in a lump sum or periodic installments, and for the payment of compensation for hospital, medical, funeral and burial expenses directly to the person who has provided such services. All such orders shall contain words clearly informing the claimant that all awards and orders for payments under this Chapter are subject to the making of an appropriation by I Liheslatura to pay the claim, except as otherwise provided in Section 161.95 of this Chapter.
161.90. Limitations Upon Award of Compensation
(a) No order for the payment of compensation shall be made under this Chapter unless the application has been made within eighteen (18) months after the date of injury, death or property damage.
(b) Compensation for medical expenses may be awarded up to the amount of Twenty Thousand Dollars ($20,000.00) and compensation for all other purposes allowed under this Chapter shall not exceed Ten Thousand Dollars ($10,000.00).
161.95. Criminal Injuries Compensation Fund; When Payment Authorized
(a) There is hereby established a Criminal Injuries Compensation Fund (Fund), separate and apart from other funds of the government of Guam, from which the Commission may make payments as provided in Subsection (b) of this Section. The Attorney General shall be the certifying officer of the Fund, and all payments therefrom shall be paid by the Attorney General upon order of the Commission. These funds shall not be transferred or used without the written approval of the Attorney General of Guam.
(b) The Commission shall have the authority to seek and accept on behalf of, and in the name of, the Criminal Injuries Compensation Fund from any government or agency thereof, or any person, natural or legal, advisory services, grants-in-aid, gifts, donations or money and other property for the benefit of the Fund; provided, however, that any such grants-in-aid, gifts, donations or other assistance shall not involve any obligation on the part of the Criminal Injuries Compensation Fund.
(c) Where the Commission has made an award pursuant to this Chapter, the Commission shall make such payments from the Fund to or on behalf of the victim, or to or for the benefit of one (1) or more of the dependents of a deceased victim, or to or for the benefit of other persons who have suffered pecuniary loss or incurred expenses on account of hospital, medical, funeral and burial expenses as a result of the victim’s injury or death. Payments made pursuant to this Section shall not exceed the total amount of the award.
(d) The Attorney General shall transmit semi-annually to I Maga’lahen Guåhan and to I Liheslaturan Guåhan a report of the Commission’s activities under this Chapter, including the name of each applicant, a brief description of the facts in each case, and the amount, if any, of compensation awarded. Such reports shall be due no later than January 30 and June 30 of each year. The Attorney General shall transmit the report, together with a tabulation of the total amount of compensation awarded.
Title 9. Crimes and Corrections
Chapter 1. Preliminary Provisions; Definitions
Article 1. Preliminary Provisions; Construction
1.18. Classes of Crimes
(a) An offense defined by this Code or by any other statute of this Territory, for which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, misdemeanors or petty misdemeanors.
(b) A crime is a felony if it is so designated in this Code or if persons convicted thereof may be sentenced to imprisonment for a term which, apart from an extended term, is in excess of one year.
(c) A crime is a misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto.
(d) Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a misdemeanor.
(e) A crime is a petty misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto or if it is defined by a statute other than this Code which now provides that person convicted thereof may be sentenced to imprisonment for a maximum term of less than one year.
(f) An offense defined by this Code or by any other statute of this Territory constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction. A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(g) An offense defined by any statute of this Territory other than this Code shall be classified as provided in this Section and the sentence that may be imposed upon conviction thereof shall hereafter be governed by this Code.
1.19. Felonies Defined and Classified
(a) Felonies defined by this Code are classified, for the purpose of sentence, into three degrees, as follows:
(1) felonies of the first degree;
(2) felonies of the second degree;
(3) felonies of the third degree.
Any crime declared to be a felony, without specification of degree, is of the third degree.
(b) Notwithstanding any other provision of law, a felony defined by any statute of this Territory other than this Code shall constitute for the purpose of sentence a felony of the third degree.
Chapter 19. Assault, Reckless Endangering, Terrorizing
19.20. Aggravated Assault; Defined & Punished.
(a) A person is guilty of aggravated assault if he either recklessly causes or attempts to cause:
(1) serious bodily injury to another in circumstances manifesting extreme indifference to the value of human life;
(2) serious bodily injury to another;
(3) bodily injury to another with a deadly weapon.
(b) Aggravated assault under Paragraph (1) of Subsection (a) is a felony of the second degree; aggravated assault under Paragraphs (2) or (3) or Subsection (a) is a felony of the third degree; provided that any person convicted of aggravated assault shall not be eligible for work release or educational programs outside the confines of prison.
19.30. Assault; Defined & Punished.
(a) A person is guilty of assault if he:
(1) either recklessly causes or attempts to cause bodily injury to another;
(2) recklessly uses a deadly weapon in such a manner as to place another in danger of bodily injury; or
(3) by physical menace intentionally puts or attempts to put another in fear of imminent bodily injury.
(b) (1) An assault against a peace officer who is performing his official duties as a peace officer is a felony of the third degree if the perpetrator knew or should have known that the victim was a peace officer.
(A) In any assault against a peace officer, the jury shall, with any finding of guilty, also return a finding as to whether the perpetrator had actual knowledge that the victim was a peace officer.
(B) If the jury finds that the perpetrator had actual knowledge that the victim was a peace officer, the court shallimpose a minimum sentence of one (1) year in prison without suspension, probation, parole, or work release.
(2) For purposes of this § 19.30, peace officer means one so defined in § 5.55, Title 8, Guam Code Annotated, and to also include those individuals serving in a volunteer law enforcement capacity within any government of Guam law enforcement entity.
(c) An assault committed by a peace officer on a person in his custody or control, without any provocation whatsoever and with the use of excessive force, is a felony of the third degree.
(d) An assault committed in a fight or scuffle entered into by mutual consent is a petty misdemeanor.
(e) Any other assault is a misdemeanor.
19.40. Reckless Conduct; Defined & Punished
(a) A person is guilty of reckless conduct if he:
(1) recklessly engages in conduct which unjustifiably places or may place another in danger of death or serious bodily injury;
(2) intentionally points a firearm at or in the direction of another, whether or not the defendant believes it to be loaded.
(b) Reckless conduct is a misdemeanor.
19.60. Terrorizing; Defined & Punished
(a) A person is guilty of terrorizing if he communicates to any person a threat to commit or to cause to be committed a crime of violence dangerous to human life, against the person to whom the communication is made or another, and the natural and probable consequence of such a threat, is to place the person to whom the threat is communicated or the person threatened in reasonable fear that crime will be committed.
(b) Terrorizing is a felony of the third degree.
19.69. Definitions
Unless otherwise indicated, as used in § 19.70:
(a) Harasses or harassment means a knowing and willful course of conduct, whether physical, verbal, written, electronic, telephonic, via or by use of a computer, computer network, computer system, telephone network, data network, text message, instant message, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose. Such course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress, and must cause substantial emotional distress.
(b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing continuity of purpose. Constitutionally and statutorily protected activity, including, but not limited to, picketing as a result of a labor dispute, is not included in this definition.
(c) Credible threat means any threat, physical or verbal, overtly or subtly manifested, constituting a threat with the intent and apparent ability to carry out the threat with the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person threatened or to a member of his or her immediate family.
(d) Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.
(e) Computer network means two (2) or more computers or computer systems interconnected by communication lines, including microwave, electronic, or any other form of communication.
(f) Computer system means a set of interconnected computer equipment intended to operate as a cohesive system.
19.70. Stalking
(a) A person is guilty of simple stalking if he or she willfully, maliciously, and repeatedly, follows or harasses another person or who makes a credible threat with intent to place that person or a member of his or her immediate family in fear of death or bodily injury.
(b) A person is guilty of advanced stalking if he or she violates Subsection (a) of this Section when there is a temporary restraining order or an injunction or both or any other court order in effect prohibiting the behavior described in that Subsection against the same party.
(c) A person is guilty of advanced stalking if he or she violates Subsection (a) of this Section a second or subsequent time against the same victim, within seven (7) years of a prior conviction under that Subsection, and involving an harassment or a credible threat of violence, as defined in § 19.69 of this Chapter.
(d) Simple stalking is a felony of the third degree.
(e) Advanced stalking is a felony of the second degree.
(f) This Section shall not apply to conduct which occurs during labor picketing.
19.80. Strangulation; Defined & Punished.
(a) A person is guilty of strangulation if he knowingly or intentionally, against the will of another, impedes the normal breathing or circulation of the blood of another by applying pressure to the throat or neck or by blocking the nose or mouth of another.
(b) Strangulation is a felony of the third degree; provided, that any person convicted of strangulation shall not be eligible for work release or educational programs outside the confines of prison.
19.81. Interfering with the Reporting of Family Violence; Defined & Punished
(a) Any person commits the crime of interfering with the reporting of family violence if the person:
(1) commits an act of family violence, as defined in § 30.10 of Chapter 30 of this Title; and
(2) intentionally, knowingly, or recklessly prevents or attempts to prevent the victim of or a witness to that act of family violence from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
(b) Commission of a crime of family violence under Subsection (a) of this Section is a necessary element of the crime of interfering with the reporting of family violence.
(c) Interference with the reporting of family violence is a felony of the third degree.
Chapter 22. Kidnapping and Related Offenses
22.40. Child Stealing; Defined & Punished
(a) A person is guilty of child stealing when he takes or keeps a child who is less than fourteen (14) years old and who is not his natural or adopted child with intent to conceal that child from his parent, legal guardian or other person having that child in his care or custody or under his control.
(b) This Section shall not apply to a relative of a child who believes that taking or keeping that child is necessary to protect him from physical or emotional harm.
(c) Child stealing is a felony of the third degree.
22.50. Custodial Interference; Defined & Punished
(a) A person is guilty of custodial interference in the first degree if:
(1) being a relative of the person, he knowingly takes or entices a person less than eighteen (18) years old from his lawful custody knowing that he has no right to do so and during the taking, subjects the person to serious bodily injury.
(b) A person is guilty of custodial interference in the second degree if:
(1) not being a relative of the person, he knowingly takes or entices a person less than eighteen (18) years old from his lawful custodian, knowing that he has no right to do so; or
(2) he knowingly takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.
(c) A person is guilty of custodial interference in the third degree if
(1) being a parent of a child and with knowledge of court order relating to the custody of that child, violates the court order and takes or keeps the child with intent to conceal him from his legal guardian or other person having that child in his care or custody or under his control.
22.60. Criminal Intimidation, Defined & Punished.
(a) A person is guilty of criminal intimidation if he knowingly compels or induces another to do an act which the latter has a legal privilege not to do or to refrain from doing an act which the latter has a legal privilege to do by threatening to:
(1) commit any criminal offense;
(2) accuse anyone of a criminal offense;
(3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or
(4) take or withhold action as an official or to cause an official to take or withhold action.
(b) Criminal intimidation is a misdemeanor.
Chapter 25. Sexual Offenses
25.15. First Degree Criminal Sexual Conduct.
(a) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with the victim and if any of the following circumstances exists:
(1) the victim is under fourteen (14) years of age;
(2) the victim is at least fourteen (14) but less than sixteen (16) years of age and the actor is a member of the same household as the victim, the actor is related to the victim by blood or affinity to the fourth degree to the victim, or the actor is in a position of authority over the victim and used this authority to coerce the victim to submit;
(3) sexual penetration occurs under circumstances involving the commission of any other felony;
(4) the actor is aided or abetted by one or more other persons and either of the following circumstances exists:
(A) the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless; or
(B) the actor uses force or coercion to accomplish the sexual penetration.
(5) the actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon;
(6) the actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration; and
(7) the actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless.
(b) Criminal sexual conduct in the first degree is a felony in the first degree. Any person convicted of criminal sexual conduct under § 25.15(a) shall be sentenced to a minimum of fifteen (15) years imprisonment, and may be sentenced to a maximum of life imprisonment without the possibility of parole. The term imposed shall not be suspended, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall work release or educational programs outside the confines of prison be granted; nor shall the provisions under § 80.31 of Article 2, Chapter 80, Title 9 GCA apply. Any such sentence shall include a special parole term of not less than three (3) years in addition to such time of imprisonment.
(c) Any person convicted of criminal sexual conduct under § 25.15(a) subsequent to a first conviction of criminal sexual conduct under Guam law or a conviction of a sex offense from another jurisdiction that has an element that would constitute sexual contact or sexual penetration, as defined in § 25.10 of this Chapter shall be sentenced to a minimum of twenty-five (25) years imprisonment and may be sentenced to life imprisonment without the possibility of parole. Said term shall not be suspended as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall parole, work release or educational programs outside the confines of prison be granted.
25.20. Second Degree Criminal Sexual Conduct.
(a) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:
(1) that other person is under fourteen (14) years of age;
(2) that other person is at least fourteen (14) but less than sixteen (16) years of age and the actor is a member of the same household as the victim, or is related by blood or affinity to the fourth degree to the victim, or is in a position of authority over the victim and the actor used this authority to coerce the victim to submit;
(3) sexual contact occurs under circumstances involving the commission of any other felony;
(4) the actor is aided or abetted by one or more other persons and either of the following circumstances exists:
(A) the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless; or
(B) the actor uses force or coercion to accomplish the sexual contact.
(5) the actor is armed with a weapon or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon;
(6) the actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact; and
(7) the actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless.
(b) Criminal sexual conduct in the second degree is a felony in the first degree, but a person convicted of criminal sexual conduct in the second degree who receives a sentence of imprisonment shall not be eligible for work release or educational programs outside the confines of prison. The term imposed shall not be suspended, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor probation be imposed in lieu of said minimum term; nor shall parole be granted; nor shall the provisions under § 80.31 of Article 2, Chapter 80, Title 9 GCA apply. Any such sentence shall include a special parole term of not less than three (3) years, in addition to such time of imprisonment.
(c) Any person convicted of criminal sexual conduct under § 25.20(a) subsequent to a first conviction of criminal sexual conduct under Guam law or a conviction of a sex offense from another jurisdiction that has an element that would constitute sexual contact or sexual penetration as defined in § 25.10 shall be sentenced to a minimum of fifteen (15) years imprisonment and may be sentenced to life imprisonment without the possibility of parole. Said term shall not be suspended; nor probation be imposed in lieu of said term, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall parole, work release or educational programs outside the confines of prison be granted.
25.25. Third Degree Criminal Sexual Conduct.
(a) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:
(1) that other person is at least fourteen (14) years of age and under sixteen (16) years of age;
(2) force or coercion is used to accomplish the sexual penetration; and
(3) the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless.
(b) Criminal sexual conduct in the third degree is a felony of the second degree.
(c) Any person previously convicted of criminal sexual conduct under § 25.25(a) subsequent to a first conviction of criminal sexual conduct under Guam law or a conviction of a sex offense from another jurisdiction that has an element that would constitute sexual contact or sexual penetration as defined in § 25.10 of this Chapter shall be sentenced to ten (10) years imprisonment without the possibility of parole. Said term shall not be suspended; nor probation be imposed in lieu of said term, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall parole, work release or educational programs outside the confines of prison be granted.
25.30. Fourth Degree Criminal Sexual Conduct.
(a) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exists:
(1) force or coercion is used to accomplish the sexual contact;
(2) the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless;
(3) the victim is at least fourteen (14) years of age and under sixteen (16) years of age.
(b) Criminal sexual conduct in the fourth degree is a felony of the third degree, except, where the actor is a first time offender and the victim is eighteen (18) years of age or older, it shall be a misdemeanor.
Chapter 28. Public Indecency
Article 2. Obscenity and Related Offenses
28.90. Obscene, Anonymous, Harassing and Threatening Communications by Computer; Defined and Punished.
(a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer to:
(1) make contact via the internet with another without disclosing his or her identity with the intent to harass or abuse;
(2) make contact via the internet with a person after being requested by the person to desist from contacting them;
(3) threaten via the internet to commit a crime against any person or property; or cause obscene material to be delivered or transmitted via the internet to a specific person after being requested to desist from sending such material; or
(4) publish via the internet a webpage or posting on a newsgroup untrue statements about another person which are false and designed to entice or encourage other people to ridicule or perpetuate the untruth about that person.
For purposes of this Article and Sections therein, “obscene material” means material that:
(A) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest;
(B) An average person, applying contemporary adult community standards, would find, depicts or describes, in a patently offensive way, sexually explicit conduct consisting of an ultimate sexual act, normal or perverted, actual or simulated, an excretory function, masturbation, lewd exhibition of the genitals or sadomasochistic sexual abuse; and
(C) A reasonable person would find, taken as a whole, lacks literary, artistic, political or scientific value.
(b) It is unlawful for any person to knowingly permit a computer under his or her control to be used for any purpose prohibited by this Section.
(c) Any offense committed under this Section may be determined to have occurred at the place at which the contact originated or the place at which the contact was received or intended to be received.
(d) Any person who violates a provision of this Section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000) or imprisoned for not more than one (1) year, or both.
28.100. Illegal Use of a Computer or Telecommunications Device to Disseminate Prohibited Materials Involving a Minor-Sexting; Crime Defined and Punished.
(a) A minor is guilty of an offense of Illegal Use of a Computer Telecommunications Device Involving a Minor, otherwise known as Sexting, if the minor, by use of a computer or any telecommunications device, recklessly or knowingly creates, receives, exchanges, sends, disseminates, transmits or possesses a photograph, video, depiction or other material that shows himself or herself, or of another minor, in a state of nudity.
(b) It is no defense to a charge under this Section that the minor creates, receives, exchanges, sends, or possesses a photograph, video, or other material that shows themselves in a state of nudity.
(c) Applicability. This Section shall not apply to the use of a computer or a telecommunications device to transmit or distribute a photograph or other depiction involving sexual intercourse, deviate sexual intercourse, sadism, masochism or masturbation. This Section does not prohibit a person guilty under this Section to be charged with other chargeable criminal sex offenses under Guam law.
(d) An offense under this Section constitutes a “status offense”. Any minor found to commit an offense under this Section shall be found guilty of illegal use of a telecommunications device involving a minor in a state of nudity, a delinquent act that would be a misdemeanor if it could be committed as an adult.
(e) A minor who violates this Section is guilty of a separate offense for each separate photograph, video, or other material that shows a minor in a state of nudity which is created, received, exchanged, sent, or possessed.
(f) Any minor who is convicted of a violation of this Section shall be ordered in addition to the sentence ordered by the Court, as part of his or her sentence, to participate in the educational program similar to that discussed under Subsection (g) of this Section.
(g) A juvenile or minor who commits the offense of Illegal Use of a Computer or Telecommunications Device to Disseminate Prohibited Materials Involving a Minor-Sexting, may be eligible for a diversionary program.
(1) As used herein, “eligible offense” means an offense chargeable under this Section where:
(A) the facts of the case involve the creation, exhibition or distribution without malicious intent of a photograph depicting nudity as defined in that section through the use of a telecommunications device or a computer; and
(B) the creator and subject of the photograph are juveniles or were juveniles at the time of its making.
(2) The Office of the Attorney General, Family Division, or whichever designated division of the Office of the Attorney General that addresses matters involving juveniles in the community of Guam, will incorporate such a diversionary program under its current services. Such diversionary program would be similar to or incorporated under the current Pre–Adjudicatory Diversionary Program that the Office of the Attorney General currently utilizes. The program would require the Office of the Attorney General to develop an educational program for juveniles who commit an eligible offense as defined in this Act. The Office of the Attorney General shall then consult with the Judiciary of Guam, Juvenile Probation Division, to discuss and implement such educational program, to include the same or similar conditions as the current Pre–Adjudicatory Diversionary Program in place between the Office of the Attorney General and Judiciary of Guam, Juvenile Probation Office. The Office of the Attorney General shall be the sole agency responsible for the determination as to whether a minor may be admitted into the diversionary program. A juvenile who successfully completes the program would have the opportunity to avoid prosecution, and any records relating to such an offense, upon completion of the program, would be dismissed and expunged.
(3) Admission to the program shall be limited to juveniles who:
(A) have not previously been adjudicated delinquent for or convicted of a criminal offense under Title 9 of the Guam Code Annotated that constitutes a third degree felony or greater;
(B) were not aware that their actions could constitute and did not have the intent to commit a criminal offense;
(C) may be harmed by the imposition of criminal sanctions; and
(D) would likely be deterred from engaging in similar conduct in the future by completing the program.
(4) The educational program shall provide information concernmg:
(A) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable local and federal statutes;
(B) the non-legal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;
(C) how the unique characteristics of cyberspace and the Internet, including searchability, replicability, and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and
(D) the connection between bullying and cyberbullying and juveniles sharing sexually suggestive or explicit materials.
(5) The Attorney General may promulgate guidelines to effectuate the provisions of this Section.
28.102. Unlawful Distribution of Images; Exceptions; Definitions; and Penalties.
(a) It is unlawful for a person to intentionally disclose, or intentionally cause another person to disclose, including disclosing by electronic means, an image of another person who is identifiable from the image itself or from information displayed in connection with the image, or otherwise engaging in revenge pornography, if all of the following apply:
(1) the person in the image is depicted in a state of nudity or is engaged in sexual contact;
(2) the depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person, including through the use of an electronic device, does not, on its own, remove the person’s reasonable expectation of privacy for that image; and
(3) the image is disclosed with the intent to harm, harass, intimidate, threaten, or coerce the depicted person.
(b) This Section shall not apply to any of the following:
(1) lawful and common practices of law enforcement;
(2) reporting unlawful activity, or when permitted or required by law or rule in legal proceedings;
(3) lawful and common practices of medical treatment;
(4) images involving voluntary exposure in a public or commercial setting;
(5) an interactive computer service, as defined in 47 U.S.C. § 230(f)(2), or an information service, as defined in 47 U.S.C. § 153, with regard to content provided by another person; or
(6) any disclosure that is made with the consent of the person who is depicted in the image.
(c) For this Section’s purposes:
(1) Disclose means display, distribute, publish, advertise, or offer.
(2) Disclosing by electronic means means delivery to an e-mail address, mobile device, tablet, other electronic device, or disclosure on a website.
(3) Harm means physical injury, financial injury, or serious emotional distress.
(4) Image means a photograph, videotape, film, or digital recording.
(5) State of nudity means exposure of the naked genitals, pubic area, buttocks, or female nipple.
(6) Sexual contact means sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex.
(7) Reasonable expectation of privacy means the person exhibits an actual expectation of privacy and the expectation is reasonable.
(d) Notwithstanding any law to the contrary, any individual convicted under this § 28.102 shall be sentenced as follows: (1) a person convicted of a first offense under this § 28.102 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000) or imprisoned for not more than one (1) year, or both; and (2) a person convicted of a second offense and any offense thereafter under this § 28.102 shall be guilty of a third degree felony.
Chapter 30. Family Violence
30.10. Definitions
(Information regarding effective dates, repeals, etc. is provided subsequently in this document.)
As used in this Chapter:
(a) Family violence means the occurrence of one (1) or more of the following acts by a family or household member, but does not include acts of self-defense or defense of others:
(1) Attempting to cause or causing bodily injury to another family or household member;
(2) placing another family or household member in reasonable fear of imminent bodily injury; or
(3) Knowingly or intentionally, against the will of another, impeding the normal breathing or circulation of the blood of a family or household member by applying pressure to the throat or neck or by blocking the nose or mouth of a family or household member.
(b) Family or household members include:
(1) Adults or minors who are current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated;
(4) Adults or minors who are engaged in or who have engaged in a sexual relationship;
(5) Adults or minors who are related by blood or adoption to the fourth degree of affinity;
(6) Adults or minors who are related or formerly related by marriage;
(7) Persons who have a child in common; and
(8) Minor children of a person in a relationship described in paragraphs (1) through (7) above.
(c) Bodily injury as used in this Chapter, has the same meaning as that provided in subsection (b) of § 16.10 of this title;
(d) Attempt as used in this Chapter, has the same meaning as that provided in § 13.10 of this title;
(e) Peace officer means any person so defined in 8 GCA § 5.55;
(f) Victim means any natural person against whom a crime, as defined under the laws of Guam, has been committed or attempted to be committed;
(g) Witness means any natural person,
(1) having knowledge of the existence or nonexistence of facts relating to any crime, or
(2) whose declaration under oath is received or has been received as evidence for any purpose, or
(3) who has reported any crime to any peace officer, or
(4) who has been served with a subpoena issued under the authority of any court in Guam, or
(5) who would be believed by any reasonable person to be an individual described in subparagraphs (1) through (4), above, inclusive;(h) Prosecuting attorney as used in this Chapter means the Attorney General of Guam and those persons employed by the Attorney General’s office specifically designated by the Attorney General.
30.20. Family violence
(a) Any person who intentionally, knowingly, or recklessly commits an act of family violence, as defined in § 30.10 of this Chapter, is guilty of a misdemeanor, or of a third degree felony, and shall be sentenced as follows:
(1) for the first offense, the court shall impose a sentence of no less than forty-eight (48) hours imprisonment;
(2) for the second offense, the court shall impose a sentence of no less than thirty (30) days imprisonment; and
(3) for the third offense, the offense shall be classified as a third degree felony and the court shall impose a sentence of no less than one (1) year imprisonment. The person, upon conviction, shall be termed a “repeat offender” and may be subject to extended terms pursuant to § 80.38 of Article 2, Chapter 80 of this Title.
(b) Upon a written, noticed motion prior to commencement of trial, the defendant may move that a felony charge filed pursuant to this § 30.20, other than a felony charge filed pursuant to § 30.20(a)(3), be reduced to a misdemeanor. Whether any charge, other than a felony charge filed pursuant to § 30.20(a)(3), shall proceed as a misdemeanor or a felony rests within the discretion of the court.
(c) In determining whether a felony charge filed pursuant to this § 30.20, other than a felony charge filed pursuant to § 30.20(a)(3), should be reduced to a misdemeanor, the court shall consider the following factors, among others:
(1) the extent or seriousness of the victim’s injuries;
(2) the defendant’s history of violence against the same victim whether charged or uncharged;
(3) the use of a gun or other weapon by the defendant;
(4) the defendant’s prior criminal history;
(5) the victim’s attitude and conduct regarding the incident;
(6) the involvement of alcohol or other substance, and the defendant’s history of substance abuse as reflected in the defendant’s criminal history and other sources; and
(7) the defendant’s history of and amenability to counseling.
(d) If the court, after a hearing, finds substantial evidence that a victim suffered serious bodily injury, as defined in Subsection (c) of § 16.10, Chapter 16 of this Title, no felony charged filed under this § 30.20 shall be reduced to a misdemeanor unless the court finds that due to unusual circumstances a reduction of the charge is manifestly in the interest of justice.
(e) The fact that an alleged criminal act involved family violence, as defined in § 30.10 of this Chapter, shall not preclude the prosecuting attorney from charging and prosecuting the defendant for any other violations of law, subject to the provisions set forth in § 1.22 of Article 1, Chapter 1 of this Title;
(f) In any case in which a person is convicted of violating this § 30.20 and probation is granted, the court shall require participation in an education and treatment program as a condition of probation unless, considering all the facts and the circumstances, the court finds participation in an education and treatment program inappropriate for the defendant.
(g) If probation is granted, or the imposition of a sentence is suspended, for any person convicted under Subsection (a) of this § 30.20 who previously has been convicted under such Subsection (a) for an offense that occurred within seven (7) years of the offense of the second conviction, it shall be a condition of such probation or suspended sentence that he or she be punished by imprisonment for not less than thirty (30) days, and that he or she participate in, for no less than one (1) year, and successfully complete an education and treatment program, as designated by the court
(h) Probation shall not be granted for any person convicted under Subsection (a) of this § 30.20 who previously has been convicted of two (2) or more violations of such Subsection (a) for offenses that occurred within seven (7) years of the most recent conviction. The person shall be sentenced to imprisonment for not less than one (1) year, and shall participate in, for no less than one (1) year, and successfully complete an education and treatment program, as designated by the court.
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.
30.30. Powers and duties of peace officers to arrest for crimes involving family violence; determination of primary aggressor; required report
(a) If a peace officer has reasonable cause to believe that a person has committed a felony or misdemeanor involving family violence, the peace officer shall presume that arresting and charging the person is the appropriate response.
(b) If a peace officer receives complaints of family violence from two (2) or more opposing persons, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one (1) person was the primary aggressor, the officer need not arrest the other person believed to have committed family violence but the peace officer shall document to the best of his or her ability the evidence concerning the actions of each participant in the incident.
(c) In determining whether a person is the primary aggressor the officer shall consider:
(1) Prior complaints of family violence;
(2) The relative severity of the injuries inflicted on each person;
(3) The likelihood of future injury to each person;
(4) Whether one of the persons acted in self-defense;
(5) The use or threatened use of a weapon; and
(6) The use or threatened use of physical force.
(d) A peace officer shall not:
(1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by peace officers by any party; or,
(2) Base the decision to arrest or not to arrest on:
(A) The specific consent or request of the victim; or,
(B) The officer’s perception of the willingness of a victim of or witness to the family violence to testify or otherwise participate in a judicial proceeding.
(e) In addition to any other report required, a peace officer who does not make an arrest after investigating a complaint of family violence or who arrests two (2) or more persons for a crime involving family violence must submit a written report setting forth the grounds for not arresting or for arresting both parties.
30.31. Mandatory Confinement
When a peace officer makes an arrest for family violence the arrestee shall be confined until the magistrate’s hearing, unless released earlier by the Office of the Attorney General.
30.32. Duties of Peace Officers to Victim of Family Violence; Required Notice to Victim.
(a) Peace officers shall respond to every request for assistance or protection, from or on behalf of a victim of alleged family violence, whether or not an order has been issued against the alleged abuser.
(b) A high priority shall be assigned to calls involving alleged incidents of abuse or violations of orders relative to family violence. Every law enforcement agency shall develop and implement a comprehensive inter-agency and intra-agency or departmental family violence policy and protocol to include:
(1) the number of children in the family and/or household exposed to family violence; and
(2) referral to Child Protective Services for coordination and referral for assessment for appropriate counseling services.
(c) If the peace officer has reason to believe that a person is a victim of family violence, the officer shall use all reasonable means to prevent further family violence and to ensure the victim’s safety including:
(1) taking the action necessary to provide for the safety of the victim and any family or household member;
(2) exercising arrest powers pursuant to this Chapter;
(3) confiscating any weapon involved in the alleged family violence incident and the firearms identification card of any person(s) arrested;
(4) promptly filling out and filing a family violence report;
(5) arranging for transportation for the victim to a safe place or shelter;
(6) arranging transportation for the victim to the nearest hospital or medical facility for treatment of injuries;
(7) accompanying the victim to a previous residence to remove essential personal belongings;
(8) supervising the Court-ordered removal of an abuser from a residence shared with a victim; and
(9) giving the victim immediate and adequate written notice of the rights of victims and of the remedies and services available to victims of family violence.
(d) As part of the notice to the victim, the required written notice shall be given as follows:
“You have the right to request a peace officer’s assistance for your safety. You may also request that the peace officer assist you in obtaining your essential personal effects, and arranging transportation to a safe place, including but not limited to a designated meeting place for a shelter, a family member’s or a friend’s residence, or a similar place of safety. If you are in need of medical treatment, you have the right to request that the officer assist you in obtaining medical treatment. If you would like to speak with a victim’s assistance representative, one will be contacted for you.”
The above paragraph shall be read to all victims of family violence by the responding officer. Furthermore, the written notice shall advise the victim that victim advocates at the Office of the Attorney General are available to provide assistance to all victims, and can provide information about other support services in the community. The advocates’ address and current telephone numbers shall be displayed prominently on the written notice.
In addition, a responding officer shall give written notice to every victim of family violence that full legal services are available at no cost from the Guam Legal Services Corporation and from the Public Defender Service Corporation. The addresses and current telephone numbers of both offices shall be displayed prominently on the written notice. Full legal services could include the following orders:
(1) an order enjoining your abuser from threatening to commit or committing further acts of family violence;
(2) an order prohibiting your abuser from harassing, annoying, telephoning, contacting or otherwise communicating with you, directly or indirectly;
(3) an order removing your abuser from your residence;
(4) an order directing your abuser to stay away from you and any other family or household members, your residence, school, place of employment or any other specified place frequented by you and another family or household member;
(5) an order prohibiting your abuser from using or possessing any kind of weapon, instrument or thing to inflict bodily harm or injury;
(6) an order granting you possession and use of the automobile and other essential personal effects;
(7) an order granting custody of your child or children;
(8) an order denying your abuser visitation;
(9) an order specifying arrangements for visitation, including requiring supervised visitation; and
(10) an order requiring your abuser to pay certain costs and fees, such as rent or mortgage payments, child support payments, medical expenses, expenses for shelter, court costs and attorney’s fees.
The written notice may be revised from time to time to include contact information for other providers of victim support services, so long as those services are provided at no cost to the victim.
(e) The written notice:
(1) must not include the addresses of shelters; and
(2) must be provided in a language the victim can understand.
30.40. Violation of a court order
(a) Any knowing violation of any of the following court orders shall be 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):
(1) an order enjoining a person from threatening to commit or committing acts of family violence against, or from harassing, annoying, or molesting, a family or household member, or any person named in the order;
(2) an order removing or excluding a person from the family dwelling or from the dwelling of another, or from any habitable property, as defined in Subsection (b) of § 34.10, Chapter 34 of this Title;
(3) an order requiring a person to stay away from the residence, dwelling, school, day care center, place of employment, or any other specified place or from a specified person, within five hundred feet (500’) of the specified place or specified person;
(4) an order prohibiting a person from possessing a firearm or other weapon specified by the court; or
(5) an order in a criminal case prohibiting the defendant from harassing, annoying, telephoning, contacting, or otherwise communicating with a victim or specified witness, either directly or indirectly.
(b) In the event of a conviction for a second violation of under Subsection (a) of this § 30.40, or of a conviction for a violation under Subsection (a) which results in bodily injury, as defined in Subsection (b) of § 16.10, Chapter 16 of this Title, the defendant shall be imprisoned for at least thirty (30) days.
(c) In the event of a conviction for a third violation under Subsection (a) of this § 30.40, or of a conviction for a violation under Subsection (a) of this § 30.40 which results in bodily injury as defined in Subsection (b) § 16.10, Chapter 16 of this Title, after a prior conviction of a violation under Subsection (a) of this § 30.40, occurring within two (2) years of the prior conviction, committed against the same victim or the victim’s family, the defendant shall be imprisoned for no less than one (1) year.
(d) When a peace officer has reasonable cause to believe that a person has violated one (1) of the orders of the court specified in Subsection (a) of this § 30.40 and verifies the existence of the order, the peace officer shall presume that arresting and charging the person is the appropriate response.
(e) An admission by the defendant that he or she had knowledge of the court order shall be admissible in court notwithstanding the corpus delicti rule.
30.50. Authority of peace officer to seize weapons
For a crime involving family violence, a peace officer:
(a) Shall, incident to an arrest, seize all weapons that are alleged to have been involved or threatened to be used in the commission of a crime.
(b) May seize a weapon that is in the plain view of the officer or was discovered pursuant to consensual search, as necessary for the protection of the officer or other persons.
30.60. Disclosure of family violence shelter
(a) Any person who knowingly publishes, disseminates, or otherwise discloses the location of any family violence shelter or any place designated as a family violence shelter with the intent to harass, annoy, harm, or injure in any way another person, or to thwart or interfere in any manner with the orderly administration or operation of the shelter, is guilty of a misdemeanor.
(b) For purposes of this § 30.60, family violence shelter means a confidential location which provides emergency services on a 24-hour basis for victims of family violence, and their families.
30.90. Establishment and Requirement of the Domestic Abuse Response Team ("DART")
(a) The Chief of Police shall establish, asan integral division of the Guam Police Department, the Domestic Abuse Response Team (‘DART’) unit consisting of peace officers, social workers, victim advocates or other persons who completed the Family Violence Training Program, or specifically trained in counseling, crisis intervention or in the treatment of domestic or family violence victims. Such teams may be dispatched, along with a peace officer, to the scene of a reported incident of domestic or family violence.
(b) The Chief of Police shall establish and maintain a continuation education and training program consistent with the Family Violence Training Program for peace officers and those involved and participating in DART.
30.100. Maintenance of systematic records
(a) Law enforcement agencies shall maintain a complete and systematic record of all protection orders with respect to family violence incidents, including orders which have not yet been served, restraining orders, and proofs of service in effect. This shall be used to inform law enforcement officers responding to family violence calls of the existence, terms, and effective dates of protection orders in effect.
(b) The terms and conditions of the protection under order remain enforceable, notwithstanding the acts of the parities, and may be changed only by order of the court.
(c) Upon request, law enforcement agencies shall serve the court orders specified in § 30.40 of this Chapter upon the party to be restrained at the scene of a family violence incident or at any time the party is in custody.
30.300. Interfering with the Reporting of Family Violence.
(a) Any person commits the crime of interfering with the reporting of family violence if the person:
(1) commits an act of family violence, as defined in § 30.10 of this Chapter; and
(2) intentionally, knowingly, or recklessly prevents or attempts to prevent the victim of or a witness to that act of family violence from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
(b) Commission of a crime of family violence under Subsection (a) of this Section is a necessary element of the crime of interfering with the reporting of family violence.
(c) Interference with the reporting of family violence is a felony of the third degree.
Chapter 31. Offenses Against the Family
31.30. Child Abuse; Defined & Punished
(Information regarding effective dates, repeals, etc. is provided subsequently in this document.)
(a) A person is guilty of child abuse when:
(1) he subjects a child to cruel mistreatment; or
(2) having a child in his care or custody or under his control, he:
(A) deserts that child with intent to abandon him;
(B) subjects that child to cruel mistreatment; or
(C) unreasonably causes or permits the physical or, emotional health of that child to be endangered.
(b) Child abuse is a felony of the third degree when it is committed under circumstances likely to result in death or serious bodily injury. Otherwise, it is a misdemeanor.
(c) Voluntary surrender of physical custody of a newborn infant by a mother to authorized Safe Haven personnel pursuant to the provisions of the Newborn Infant Safe Haven Act, 19 GCA, Chapter 13, Article 5, is an absolute defense to prosecution for child abuse as a result of deserting that child with intent to abandon that child under Subsection (a)(2)(A) of this Section.
(1) For purposes of this Subsection, “authorized Safe Haven personnel” has the same meaning as defined under the Newborn Infant Safe Haven Act, 19 GCA § 13503(a).
(2) For purposes of this Subsection, “mother” has the same meaning as defined under the Newborn Infant Safe Haven Act, 19 GCA § 13503(d).
(3) For purposes of this Subsection, “newborn infant” has the same meaning as defined under the Newborn Infant Safe Haven Act, 19 GCA § 13503(e).
31.40. Abuse of An Incompetent; Defined & Punished
(a) A person is guilty of abuse of an incompetent when:
(1) he subjects an incompetent to cruel mistreatment; or
(2) having an incompetent in his care of custody or under his control, he:
(A) deserts that incompetent with intent to abandon him;
(B) subjects that incompetent to cruel mistreatment; or
(C) unreasonably causes or permits the physical or emotional health of that incompetent to be endangered.
(b) As used in this Section, incompetent means a person who is unable to care for himself because of old age, or because of physical or mental illness, disease or defect.
(c) Abuse of an incompetent is a felony of the third degree when it is committed under circumstances likely to result in death or serious bodily injury. Otherwise, it is a misdemeanor.
Chapter 46. Impersonation; Identity Theft; Defined & Punished
Article 1. Forgery and Fraudulent Practices
46.80 Impersonation; Identity Theft; Defined & Punished
(a) A person commits an offense when that person:
(1) impersonates another or assumes a false identity and does an act in such assumed character or false identity to obtain a benefit for oneself or another, or to injure or defraud another;
(2) pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit for oneself or for another, or to injure or defraud another;
(3) impersonates another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services;
(4) possesses or obtains any personal identifying information pertaining to another person, without the authorization of that person, and uses or attempts to use that information, or assists another person in using the information, for any unlawful purpose, including to:
(A) fraudulently obtain, or attempt to obtain, money, credit, goods, services, anything of value, or medical information in the name of another person;
(B) injure or defraud, or attempt to injure or defraud, another person;
(C) avoid, or attempt to avoid, the payment of debt or other legal obligation; or
(D) avoid, or attempt to avoid, prosecution for a crime in the name of the other person without the consent of that person.
(b) As used in this Section, personal identifying information means the name, address, telephone number, driver’s license or driver’s license number, social security card or social security number, passport or passport number, official government of Guam or other state identification card or number, mother’s maiden name, demand deposit account number, savings account number, credit card or credit card number, or a debit card or debit card number, or any name or number that may be used, alone or in conjunction with any other information, to assume the identity of a person. The list in this Subsection is not exhaustive.
(c) An offense under this Section is a felony of the second degree if the benefit obtained, or the injury or fraud perpetrated on another, or the payment sought to be avoided, if any, is at least Five Thousand Dollars ($ 5,000.00); otherwise, it is a felony of the third degree.
(d) A person found guilty of violating any provisions of this Section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim, or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney’s fees.
(e) In any case in which a person obtains personal identifying information of another person without the authorization of that person, and uses that information to commit a crime in addition to a violation of Subsection (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
Title 10. Health and Safety
Division 3. Public Safety
Chapter 60. Firearms
60108. Same: Restrictions
(a) No identification card shall issue unless the Department is satisfied that the applicant may lawfully possess, use, carry, concealed or otherwise, own or acquire the type of firearm stated in the application and upon the face of the identification card.
(b) No person shall be issued an identification card:
(1) Who has been convicted by any court of the United States, a state, territory, possession, trust territory or political subdivision thereof of any felony; or
(2) Who is an alien, except temporary permits may be issued to aliens for use only at target ranges operated by persons possessing permits therefore and who are citizens, or only for use at authorized sporting events, and except for official representatives of foreign governments in their official capacities, and except for aliens “lawfully admitted for permanent residence,” which shall mean the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed, as defined by the Immigration and Nationality Act § 101(a)(20), 8 U.S.C. § 1101(a)(20). Proof of permanent residence shall be evidenced by presentation of an Alien Registration Card (also known as alien registration certificate, Form I–551 or Green Card); or
(3) Who is presently charged by information or indictment with any crime stated in (b)(1) above; or
(4) Who has been adjudicated incompetent, has been committed to any mental institution; or
(5) Who is under the age of eighteen (18) years; or
(6) Who has been convicted of any violation of the Uniform Controlled Dangerous Substances Act or any misdemeanor where personal injury or use of firearms was an element or factor of the offense unless the Chief of Police has determined that the offense was committed more than ten (10) years previously and that the applicant would not endanger the public safety by receiving an identification card; or
(7) Who, in the determination of the Chief of Police appears to suffer from a physical or mental disease or defect which would adversely affect the safe use of the firearm applied for, unless the person obtains a certificate from a licensed physician stating that the physical or mental disease or defect would not adversely affect his safe operation of the firearm or the public safety.
(c) An applicant for an identification card shall apply therefore on a form supplied by the Department and shall provide such information as may be necessary to afford the Department reasonable opportunity to ascertain the facts required to appear upon the card and facts relevant to the applicant’s eligibility for a card, and facts necessary to determine whether the applicant may carry a concealed weapon if such permission is sought. The applicant is required to submit to a national criminal background check conducted by the Federal Bureau of Investigation to process such background checks.
A fingerprint card, or electronic fingerprint data, if so utilized, shall be transmitted to Guam’s State Identification Bureau as classified by the Federal Bureau of Investigation for processing of fingerprints.
(d) If the application is not denied, the identification card shall issue within thirty (30) days, except where application has been made to carry a concealed weapon, in which case the card shall issue within sixty (60) days.
(e) For purposes of this Chapter, the term concealed when used in connection with any firearm whatsoever shall mean a firearm which is carried on a person or within a vehicle in such a manner that it cannot be seen by the naked eye, but would be available for use by the person concealing or attempting to conceal the firearm or any other person aware of the firearm’s existence. A firearm is not concealed when it is within a locked portion of any vehicle, unloaded, with the ammunition stored outside of the firearm or any clip or ammunition storage chamber attached to the firearm, and outside of the immediate reach of the person so placing the weapon or any other person knowing of its existence. A firearm is concealed if, among other things, it is hidden beneath any article of clothing so that only the shape is visible, but not the firearm itself.
Title 19. Personal Relations
Division 1. Persons & Personal Relations
Chapter 1. Persons in General
1101. Minors, Who Are
Minors are all persons under eighteen (18) years of age.
Chapter 4. Parent and Child
Article 1. Children by Birth
4101. Legitimate Children
All children born in wedlock are presumed to be legitimate.
4102. Same; Out of Wedlock
All children of a woman who has been married, born within ten (10) months after the dissolution of the marriage, are presumed to be legitimate children of that marriage.
4103. Who May Dispute
The presumption of legitimacy can be disputed only by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such case, may be proved like any other fact.
4104. Parent’s Obligation to Children
The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inadequate, the mother must assist him to the extent of her ability.
4105. Support
The father as well as the mother of an illegitimate child must give him support and education suitable to his circumstances. A civil suit to enforce such obligations may be maintained in behalf of a minor illegitimate child by his mother or guardian, and in such action the court shall have power to order and enforce performance thereof, the same as under (8403, (8405, and (8406 of this Title, in a suit for divorce by a wife.
4105.1. Payments for Disabled Children and for Education
If a child residing on Guam is disabled before the age of eighteen (18), the court may, at any time before the child reaches the age of twenty-one (21) years, find that both parents (or the surviving parent if one is deceased) have a mutual obligation to support the child beyond the age of majority, and based upon such findings, order either or both of the parents to pay continuing child support for the benefit of such child directly to the child or his guardian, as is appropriate. Such support may be modified in the same manner as child support may be terminated if no longer needed, shall continue for as long as the child is disabled and requires support, and shall be treated as child support for purposes of this Title. Such support may be enforced by the child, the child’s guardian, either parent, or the Attorney General.
The parents may in an acknowledged writing or stipulated court order agree that they have a mutual obligation to provide educational assistance to a minor child after the age of majority, and may agree that support shall continue for a child after the age of eighteen (18) for a time certain for purposes of educational assistance. In any case where the parties stipulate that one or both of the parties have a continuing obligation for the child’s education, with the amount of support subject to modification as to the amount according to child support guidelines and the demonstrated needs of the child, the agreement may be enforced by the Attorney General, either parent, or the child if over the age of eighteen (18). In such cases, said support shall be treated as child support for purposes of the Title, except that such support shall be paid directly to the child after the age of eighteen (18).”
4106. Custody
The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody, services and earnings.
4107. Living Separate; Rights Are Equal
The husband and father, as such, has no rights superior to those of the wife and mother, in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other.
4108. Exclusive Control, Decree Of
Without application for a divorce, the husband or the wife may bring an action for the exclusive control of the children of the marriage; and the court may, during the pendency of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to the support, care, custody, education, and control of the children of the marriage, as may be just and in accordance with the natural rights of the parents and the best interests of the children, and may at any time thereafter amend, vary, or modify such order or decree, as the natural rights and the interests of the parties, including the children, may require.
4109. Custody; Illegitimate Child
The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings.
4110. Allowance to Parent
The proper court may direct an allowance to be made to the parent of a child out of its property, for its past or future support and education, on such conditions as may be proper whenever such direction is for its benefit.
4111. Control of Child’s Property
The parent, as such, has no control over the property of the child.
4112. Remedy; Parental Abuse
The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by its relative within the third degree, or by the Attorney General; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.
4113. Parental Authority
The authority of a parent ceases:
(a) Upon appointment, by a court, of a guardian of the person of a child;
(b) Upon the marriage of the child; or
(c) Upon its attaining majority.
4114. Deceased Parent’s Estate; Child’s Support
If a parent, chargeable with the support of a child, dies leaving it a public charge and leaving an estate sufficient for its support, the Attorney General or guardian appointed, may claim provision for its support from the parent’s estate by civil action and for this purpose may have the same remedies as any creditors against the estate and against the heirs, devisees, and next of kin of the parent.
4115. Reciprocal Duty: Parents and Children
It is the duty of the father, the mother, and the children of any poor person who is unable to maintain himself by work, to maintain such person to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to such parent is binding.
4116. Parent’s Liability For Necessaries of Child
If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent.
4117. Same; Non-liability
A parent is not bound to compensate the other parent, or a relative, for the voluntary support of his child, without an agreement for compensation, nor to compensate a stranger for the support of a child who has abandoned the parent without just cause.
4118. Stepchildren; Husband Not Liable
A husband is not bound to maintain his wife’s children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and, where such is the case, they are not liable to him for their support, nor he to them for their services.
4119. Parents Supporting; Compensation
Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.
4120. Relinquishment of Custody and Services to Child
The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment.
4121. Minor’s Wages
The wages of a minor employed in service may be paid to him, until the parent or guardian entitled thereto gives the employer notice that he claims such wages.
4122. Child’s Residence Follows Parent
A parent entitled to the custody of a child has a right to change his residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child.
4123. Wife Living Separate; Minor Children
When a husband and wife live in a state of separation without being divorced, any court of competent jurisdiction, upon application of either if an inhabitant of Guam, may inquire into the custody of any unmarried minor child of the marriage and may award the custody of such child to either, for such time and under such regulations as the case may require. The decision of the court must be guided by the rules prescribed in (9108 of this Title.
4124. Legitimation of Children
(a) A child is considered legitimate for all purposes if:
(1) The parents of the child were married at the conception of the child or at anytime after the conception of the child, and before the child’s eighteenth birthday; or
(2) The child is legitimate on the effective date of this Act; or
(3) The child is legitimate under the laws of the place of his birth; or
(4) If the parents have jointly executed an affidavit before the eighteenth birthday of the child, affirming that the signatories are the natural, biological parents of the child, affirming the paternity of the child, indicating the birthrate of the child, and affirming their desire to legitimate the child. Any such affidavit shall be conclusive as to the legitimacy of the child. The Director of Public Health may make appropriate changes as to parentage, name, and other matters on the child’s birth certificate based on such affidavit.
(b) Petition for legitimating children.
(1) Any natural parent in Guam may petition the court for an order affirming the legitimacy of his or her child, based upon the affidavit as provided for in Subsection (a)(2) of this Section, or based upon the marriage of the parents. The court shall have jurisdiction to make such an order if either parent is a resident of Guam or if the child is a resident of Guam, as residence is defined in ”8318 and 8319 of this Title. Before such an order can be entered, both parents must file affidavits that no other persons have claimed to be parents of said child and file an acknowledged consent to the court’s legal name be changed to reflect the natural father’s family name.
(2) Upon entry of an order of legitimacy, pursuant to this Section, the court shall transmit a copy of said order to the Director of Public Health or to the office issuing the child’s birth certificate, as appropriate, which shall make appropriate changes to the birth certificate to reflect the correct name and parentage of the child.
(3) A child shall be considered legitimate for all purposes if, before the child’s eighteenth birthday, a court of competent jurisdiction has determined the paternity of said child, in any divorce action, paternity action, or action for support. The Superior Court shall have the jurisdiction and authority to determine paternity in such actions, notwithstanding other provisions of law, but shall order a complete investigation and home study by court personnel or by personnel from the Department of Public Health before issuing an order determining paternity in such cases, unless both of the parents agree as to the issue of paternity or the lack of it.
Nothing in this Section shall be construed to de-legitimate any person who is legitimate under the laws of the place of his birth or who is legitimate on the effective date of this Act.
4125. Birth Record
Every record of a birth shall contain the name of the infant born, and of its parents, grandparents, the place and date of birth, and the name of the attending physician or midwife.
4126. Same; Duty to Record
The parents of newly born infants shall report to the Director of Administration the name and the other required details within ten (10) days of the birth, under penalty of a fine of Two Dollars and Fifty Cents ($2.50).
Chapter 8. Dissolution of Marriage
Article 2. Dissolution of Marriage
8204. Adultery
Adultery is the voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.
8205. Extreme Cruelty
Extreme cruelty is the wrongful infliction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage.
8206. Desertion
Willful desertion is the voluntary separation of one of the married parties from the other with the intent to desert.
8207. Desertion, How Manifested
Persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party when there is not just cause for such refusal, is desertion.
8208. Fraud, Desertion
When one party is induced by the stratagem or fraud of the other party to leave the family dwelling place, or to be absent, and during such absence the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud, and not by the other.
8209. Absence, Cruelty; Not Desertion
Departure or absence of one party from the family dwelling place, caused by cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other is not desertion by the absent party, but it is desertion by the other party.
8210. Separation by Consent; Not Desertion
Separation by consent, with or without the understanding that one of the parties will apply for a dissolution of marriage, is not desertion.
8211. Desertion Generally
Absence or separation, proper in itself, becomes desertion whenever the intent to desert is fixed during such absence or separation.
8212. Consent Revocable
Consent to separation is a revocable act, and if one of the parties afterwards, in good faith, seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion.
8213. Desertion, Cured, Generally
If one party deserts the other, and before the expiration of the statutory period required to make the desertion a cause of dissolution of marriage, returns and offers in good faith to fulfill the marriage contract, and solicits condonation, the desertion is cured. If the other party refuses such offer and condonation, the refusal shall be deemed and treated as desertion by such party from the time of refusal.
8214. Husband's Home
The husband may choose any reasonable place or mode of living, and if the wife does not conform thereto, it is desertion.
8215. Husband, Decent Residence
If the place or mode of living selected by the husband is unreasonable and grossly unfit, and the wife does not conform thereto, it is desertion on the part of the husband from the time her reasonable objections are made known to him.
8216. Willful Neglect
Willful neglect is the neglect of the husband to provide for his wife the common necessaries of life, he having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation.
8217. Habitual Intemperance
Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which reasonably inflict a course of great mental anguish upon the innocent party.
8218. Same, One Year
Willful desertion, willful neglect, or habitual intemperance must continue for one (1) year before any is a ground for dissolution of marriage.
8219. Irreconcilable Differences
Irreconcilable differences are those grounds which are determined by the Court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.
Article 3. Causes for Denying Dissolution of Marriage
8318. Residence of Parties
(a) A divorce or dissolution of marriage may be granted if one (1) of the parties has been a resident of Guam for at least ninety (90) days immediately preceding the filing of a complaint for divorce, or dissolution of marriage. For purposes of this Section, a person shall be deemed a resident if one (1) of the parties has been assigned with the U.S. Military to a unit on Guam or a ship home-ported in Guam for at least ninety (90) days immediately preceding the filing of a complaint for divorce or dissolution of marriage or if one (1) of the parties is physically present in Guam for at least ninety (90) days immediately preceding the filing of a complaint for divorce or dissolution of marriage. Physical presence by one of the parties in Guam for a period of ninety (90) days prior to filing of the action for divorce or dissolution of marriage shall give rise to a conclusive presumption of compliance with this Section.
(b) If both parties consent in writing to a divorce or dissolution of their marriage, a divorce or dissolution may be granted if one of the parties has resided in Guam for at least seven (7) days immediately preceding the filing of the complaint.
Article 4. General Provisions
8402. Alimony, Permanent Support
When an action for dissolution of marriage is pending, the court may, in its discretion, require the husband or wife, as the case may be, to pay as alimony any money necessary to enable the wife, or husband, to support herself and her children, or to support himself and his children, or prosecute or defend the action. When the husband or wife willfully deserts the wife or husband, or when the husband or wife has any cause of action for dissolution of marriage as provided in § 8203 of this Title, he or she may, without applying for dissolution of marriage, maintain in the Superior Court an action against her or him for permanent support and maintenance of himself or herself or of himself and children or of herself and children. When the husband willfully fails to provide for the wife, she may, without applying for dissolution of marriage, maintain in the Superior Court an action against him for permanent support and maintenance of herself or of herself and children.
During the pendency of any such action the court may, in its discretion, require the husband or wife, as the case may be, to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and execution may issue therefor in the discretion of the court. The court, in granting the husband or wife permanent support and maintenance of himself or herself, or of himself and children or herself and children, in any such action, shall make the same disposition of the community property and of the homestead, if any, as would have been made if the marriage had been dissolved by the decree of a court of competent jurisdiction. The final judgment in such action may be enforced by the court by such order or orders as in its discretion it may from time to time deem necessary, and such order or orders may be varied, altered, or revoked at the discretion of the court.
8403. Minors, Maintenance
In actions for dissolution of marriage the court may, during the pendency of the action, or at the final hearing, or at any time thereafter during the minority of any of the children of the marriage, make such order for the care, education, maintenance, and support of such minor children as may seem necessary or proper, and may at any time modify or vacate the same.
8404. Criteria and Procedure in Awarding Custody
In actions for divorce, separation, annulment, separate maintenance, or any other proceeding where there is at issue a dispute as to the custody of a minor child, the court may, during the minority of the child, make such order for the custody of such minor child as may seem necessary or proper. In awarding the custody, the court is to be guided by the following standards, considerations and procedures:
(a) Custody should be awarded to either parent according to the best interest of the child.
(b) Custody may be awarded to persons other than the father or mother whenever such award serves the best interest of the child. Any person who has had de facto custody of the child in a stable and wholesome home and is a fit and proper person shall prima facie be entitled to an award of custody.
(c) If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, his wishes as to custody shall be considered and be given due weight by the court.
(d) Whenever good cause appears therefor, the court may require an investigation and report concerning the care, welfare and custody of any minor child of the parties. When so directed by the court, professional personnel of the Department of Public Health and Social Services shall assist the court by making investigations and reports which shall be made available to all interested parties and counsel before hearing, and such reports may be received in evidence if no objection is made and, if objection is made, may be received in evidence provided the person or persons responsible for such report are available for cross-examination as to any matter which has been investigated.
(e) The court may hear the testimony of any person or expert produced by any party or upon the court’s own motion, whose skill, insight, knowledge or experience is such that his testimony is relevant to a just and reasonable determination of what is to the best physical, mental, moral and spiritual well-being of the child whose custody is at issue.
(f) Any custody award shall be subject to modification or change whenever the best interests of the child require or justify such modification or change, and whenever practicable, the same person who made the original order shall hear the motion or petition for modification of the prior award.
(g) Reasonable visitation rights shall be awarded to parents and grandparents and to any other person interested in the welfare of the child in the discretion of the court, unless it is shown that such rights of visitation are detrimental to the best interests of the child.
(h) It is legislative policy that children spend as much time with each of their parents as possible, when the parents are not living together. Therefore, in determining visitation of minor children on Guam with non-custodial parents living on Guam, the court shall, to the greatest degree possible, order visitation for minor children (pendente lite and permanently) with non-custodial parents such that the children spend more or less equal amounts of time with the custodial parent and the non-custodial parent during non-working, non-sleeping, non-school time, subject to the following:
(1) The proposed visitation is not found by the court, on evidence presented, to be injurious to the welfare of the child;
(2) The non-custodial parent is willing to accept such visitation;
(3) The non-custodial parent is not found by the Court to be an unfit person to have such visitation;
(4) The visitation is not found by the Court to interfere with the child’s schooling;
(5) Unless the Court finds that it is not in the best interests of the child, non-custodial parents or the children’s grandparents shall be given consideration in providing child-care for their minor children or grandchildren, when visitation orders are prepared;
(6) In determining visitation rights under this subsection (h), the court shall take into account the employment of each parent and the time the child spends in school or in extracurricular activities;
(7) Based on proof presented, the court may take into account other factors respecting visitation which would affect the welfare of the minor child or children;
(8) The court may also take into account the time a child spends with each parent and the expense incident thereto in awarding child support;
(9) The court may make such orders as are appropriate in carrying out the provisions of this subsection (h);
(10) This subsection (h) shall be effective only as to actions or motions filed after its effective date, and shall not apply to any actions or motions filed prior to its effective date. In addition, enactment of this subsection (h) shall not, in and of itself, constitute a change in circumstances as to warrant the re-opening of custody proceedings for which orders had been entered prior to such enactment.
(i) It is legislative policy that children should not be exposed to family violence because, even when they are not themselves physically assaulted, they suffer deep and lasting emotional effects from exposure to family violence; and
(j) The Court may award visitation or custody to a parent who committed family violence only if the Court finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made; and
(k) In every proceeding in which there is at issue the modification of an order for custody or visitation of a child, the finding that family violence has occurred since the last custody or visitation determination constitutes a finding of a change of circumstances; and
(l) In a custody or visitation order, a Court may:
(1) order an exchange of a child to occur in a protected setting;
(2) order visitation supervised by another person or agency;
(3) order perpetrator(s) of family violence to attend and complete, to the satisfaction of the Court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;
(4) order either parent or other party to a custody or visitation order to abstain from consumption of alcohol or other intoxicants during the visitation and for twenty-four (24) hours preceding the visitation;
(5) order perpetrator(s) of family violence to pay a fee to defray the costs of supervised visitation, or to pay for the services of a guardian ad litem appointed by the court;
(6) prohibit overnight visitation;
(7) require a bond from perpetrator(s) of family violence for the return and safety of the child; or
(8) impose any other condition that is deemed necessary to provide for the safety of a child, a victim of family violence, or other family or household member.
(m) Whether or not visitation is allowed, the Court may order the address of a child or a victim to be kept confidential.
(n) If the Court allows a family or household member to supervise visitation, the Court may establish conditions to be followed during visitation.
(o) In addition to other factors that the Court must consider in a proceeding in which the custody of a child, or visitation by a parent is at issue and in which the Court has made a finding that family violence has occurred:
(1) the court shall consider as primary the safety and well-being of the child(ren) and of a parent or guardian who is the victim of family violence; and
(2) the court shall consider the perpetrator’s history of causing or attempting to cause bodily injury to another family or household member; or placing a family or household member in fear of bodily injury.
(p) If a parent or guardian is absent or relocates because of an act of family violence by the other parent, the absence or relocation is not a factor that weighs against the parent or guardian in determining custody or visitation, so long as the child(ren) are not removed from Guam without prior Court authorization.
(2) Mediation.
(a) Unless otherwise provided by law, the Court, in cases pursuant to this Section may order the parties to be referred to Mediation with respect to custody and visitation in accordance with the standards set forth in Part 1 of this Section and rules and regulations established and promulgated by the Supreme Court of Guam.
(b) The Supreme Court of Guam shall establish and promulgate any rules and regulations necessary to carry out the provisions of this Section, and mediators shall be selected and compensated in accordance with rules and regulations established by the Court. The rules and regulations promulgated by the Supreme Court pursuant to this Section shall be submitted to I Liheslaturan Guåhan for approval. Said rules and regulations shall be deemed approved unless otherwise acted upon by I Liheslaturan Guåhan within ninety (90) days of receipt.
(c) Mediation should be accessible to all parties regardless of financial status, and the Judicial Council of Guam is authorized to enact fees to implement the provisions of this Section.
8404.1. Specialized Visitation Center for Victims of Family Violence
(a) The Court shall provide or contract for at least one (1) visitation center for victims of family violence and their children to allow Court-ordered visitation in a manner that protects the safety of all family members. Other governmental agencies shall cooperate with the Court and other organization in providing the visitation centers.
(b) A visitation center must provide:
(1) a secure setting and specialized procedures for supervised visitation and the transfer of children for visitation;
(2) supervision by a person trained in security and the avoidance of family violence; and
(3) educational and recreational equipment to facilitate positive family interaction.
8405. Family Support
When a dissolution of marriage is granted, the tribunal shall provide for the medical care, support, reasonable education and maintenance of the children of the marriage and children of either spouse adopted by the other as required by Chapter 34 of Title 5 of the Guam Code Annotated and to make such suitable allowance to the other spouse for that person’s support, during that person’s life or for a shorter period, as the Court may deem just, having regard to the circumstances of the parties respectively; and the Court may, from time to time, modify its order in these respects.
8409. Legitimacy of Issue
When a dissolution of marriage is granted for the adultery of the husband, the legitimacy of the children of the marriage begotten of the wife before the commencement of the action is not affected.
Chapter 14. Civil Orders for Protection
14101. Definitions
Terms used in this Chapter shall have the same meaning as set forth in 9 GCA Chapter 30.
14102. Effect of Action by Petitioner or Respondent on Order
(a) If a respondent is excluded from the residence of a petitioner or ordered to stay away from the petitioner, any communication initiated by the petitioner does not waive or nullify a restraining order.
(b) The preceding sentence shall be printed on each such order.
14103. Denial of Relief Prohibited
The Court shall not deny a petitioner injunctive relief for protection from family violence solely because of a lapse of time between an act of family violence and the filing of the petition.
14104. Court Costs and Fees
Fees for filing and service of process must not be charged for any proceeding seeking injunctive relief for protection from family violence.
14105. Registration and Enforcement of Foreign Orders for Protection; Duties of Court Clerk.
(a) A certified copy of an order for protection or restraining order issued in another state may be filed in the office of the Clerk of the Superior Court. The Clerk shall act upon the order in the same manner as the clerk acts upon an order for protection or restraining order issued by the Superior Court.
(b) Any valid protection order related to abuse, or domestic or family violence, issued by a court of another state, tribe, territory or commonwealth of the United States, and filed in accordance with Subsection (a) shall be afforded full faith and credit by the courts of Guam and enforced as if it were issued on Guam, pursuant to the Violence Against Women Act, 18 U.S.C. § 2265.
(c) The Clerk of the Superior Court shall:
(1) maintain a registry in which to enter certified orders for protection or restraining orders issued in other states that are received for filing; and
(2) at the request of a court of another state or at the request of a person who is affected by or has a legitimate interest in an order for protection, certify and forward a copy of the order to that court or person at no cost to the requesting party.
Court Rules.
Administrative Rules and Regulations
Title 19. Law
Chapter 1. Office of Attorney General Department of Law
Article 2. Child Support Guidelines
1201. Explanation
(a) The law provides that the Attorney General shall adopt, pursuant to the Administrative Adjudication Law, Child Support Guidelines, a schedule of normal child support payments to be paid by a non-custodial parent to a custodial parent. [5 GCA § 34118]
(b) The law has also created an expedited judicial process agency within the Superior Court of Guam designated as the Judicial Hearings Division. This administrative agency has concurrent jurisdiction with the Superior Court over child support matters. Therefore, all references in the guidelines to court hearings include administrative hearings, all references to court orders include administrative orders, and all references to judges include administrative hearings officers. [19 GCA § 5501, et seq]
(c) While Guam’s Child Support Guidelines are based on an Income Share Model developed by the Child Support Guidelines project of the National Center for State Courts, and the model is predicated on the concept that the child should receive the same proportion of parental income that he or she would have received had the parents lived together, we acknowledge the need for a schedule indicating the fair and reasonable amount of child support to be paid based on the income of the parties.
(d) The Child Support Enforcement Division has, with the help of Policy Studies Inc., Denver Colorado, worked on developing a Schedule, as required by 5 GCA § 34118, to show the fair and reasonable amount of child support to be paid based on the income of the parties.
(1) Exhibit A, attached hereto, is the Updated Schedule of Basic Child Support Obligations. This is intended to serve as a base, and not as a ceiling or cap. These figures are intended to operate as a rebuttable presumption in computing child support under the Child Support Guidelines.
1203. How to Use the Guidelines in Sole Physical Custody Situations
(a) The gross income of the parties shall be determined, as follows:
(1) Gross income includes income from any source, and may include, but is not limited to, income from salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, gifts, prizes, worker’s compensation benefits, spousal maintenance received, disability benefits, rental income, retirement plans, pensions and basic and variable allowances for housing and subsistence from military pay and benefits including but not limited to basic allowance for housing (BAH), basic allowance for subsistence (BAS), basic allowance for quarters (BAQ), specialty & proficiency pay, war-zone allowance, hazardous duty, and any other entitlements reflected in the monthly leave and earnings statement (LES), such as the cost-of-living allowance (COLA) for those in high cost areas and other allowances. If the servicemember does not receive BAH or BAQ because he/she lives on base, then the value of that free housing is imputed to his/her income using the military pay charts available on the Defense Finance and Accounting Service (DFAS) website.
(2) Gross income does not include benefits received from means-tested public assistance programs including, but not limited to, temporary assistance to needy families (TANF), supplemental security income (SSI), food stamps, general assistance, or sums received as child support.
(3) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, gross income means gross receipts, minus ordinary and necessary expenses required to produce income. “Ordinary and necessary expenses” does not include amounts determined by the court to be inappropriate for determining gross income for purposes of child support.
(4) Expense reimbursements or benefits received by a parent in the course of employment or self-employment or operation of a business shall be counted as income if they are significant and reduce personal living expenses, regardless if they are taxable as income.
(5) If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, such as caring for children, the court may attribute income to the parent up to his or her earning capacity.
(6) The court may take into account the benefits a noncustodial parent derives from remarriage, expense-sharing, or other source towards allocation of self support or other applicable costs.
(b) The gross income shall be adjusted as follows:
(1) Each parent shall be entitled to deduct $775 from gross income for “self-support”. The basic gross income need is based on the U.S. Department of Health and Human Services Poverty Guidelines (2004) for the 48 contiguous states and District of Columbia.
(2) Spousal maintenance and court-ordered child support of other children, actually paid, shall be deducted from the gross income of the payor. “Other children” means children who are not the subject of this particular child support determination. (As stated in § 1202(b)(5), support of other children, and children to whom the noncustodial parent owes a legal obligation of support may be considered.)
(3) The court has discretion to credit to the appropriate parent, a maximum of $50 per child for other natural children in the parent’s home. However, this credit shall not be routinely given.
(4) The cost of medical insurance coverage for the children shall be deducted from the gross income of a parent paying the insurance premium. This amount shall be calculated on a per capita basis. Reimbursement for health insurance premiums may be awarded to the appropriate parent in place of a gross income deduction.
(c) The adjusted gross income of the parents shall be determined as follows:
Adjusted Gross Income is gross income minus the allowed adjustments. Once the Adjusted Gross Income for each parent is established, these amounts shall be added together and the result is the Combined Adjusted Gross Income.
(d) The basic child support obligation shall be determined as follows:
The Combined Adjusted Gross Income figure shall be located on the Schedule of Basic Child Support Obligation, matching it to the column for the number of children involved and multiplying it by the corresponding percentage from the Schedule. The answer is the Basic Child Support Obligation. If the primary obligation of the non-custodial parent is less than $50 per child per month, a minimum child support award of $50 per child per month shall be ordered.
(e) The total child support obligation shall be determined as follows:
To the basic obligation, any of the following may be added by the court:
(1) Child Care Costs: Child care expenses appropriate to the parent’s financial abilities and to the lifestyle of the children had the family remained intact;
(2) Education Expenses: Any reasonable and necessary expenses for attending private or special schools or necessary expenses to meet particular educational needs of a child when such expenses are incurred by agreement of both parents or ordered by the court;
(3) Older Child Adjustment: The average expenditures for children over age twelve (12) exceed the average expenditures for all children by approximately ten percent (10%). Therefore, the court may increase child support for an older child by an amount up to ten percent (10%) of the support shown on the Schedule.
The net figure derived from adding any of these allowable sums to the Basic Child Support Obligation is the total Child Support Obligation.
(f) Each parent’s proportionate share of the Total Child Support Obligation shall be determined as follows:
The Total Child Support Obligation shall be divided between the parents in proportion to their Adjusted Gross Incomes. The obligation of each parent is computed by multiplying each parent’s percentage of his/her Combined Adjusted Gross Income by the Total Child Support Obligation. The custodial parent shall be presumed to spend his or her share on the children.
(g) The child support award shall be determined as follows:
The court shall order the non-custodial parent to pay child support in an amount equal to his or her proportionate share of the Total Child Support Obligation.
(h) EXAMPLE: One child, age 15: Combined Adjusted Gross Income is $1,000. The father’s Adjusted Gross Income is $600. Divide the father’s Adjusted Gross Income by the Combined Adjusted Income. The result is the father’s share of the Combined Adjusted Gross Income.
(1) Thus: $600 divided by $1,000 = 60%. The father’s share would be 60%. The mother’s share would be 40%. On the Schedule, the Basic Child Support Obligation for Combined Adjusted Gross Income of $1,000 for One Child is $230. To this the judge adds $23 because the child is over twelve (12) years old (approximately 10% in this example). The total Child Support Obligation is $253.
(A) The father’s share is 60% of $253, or $151.80. The mother’s share is 40% of $253, or $101.20. Custody is awarded to the mother.
(B) The Child Support Award is that the father pay the mother $151.80 per month.
(C) The value of the mother’s contribution is $101.20, and she is presumed to spend it directly on the child.
(i) If the non-custodial parent’s income is unknown, a temporary child support award shall be set at $150 per month per child and the Worksheet for Child Support Amount need not be filled out. When both parent’s incomes are known the temporary child support amount will be adjusted accordingly using the procedures described in the Child Support Guidelines.
(j) Visitation. The court may consider the costs of visitation and may allocate such costs between the parents in proportion to their ability to pay.
(k) Abatement. When the non-custodial parent is directly providing for the children’s needs for an extended period of time, such as on a long visit, the court may order a reduction of child support paid to the custodial parent.
1204. How to Use the Guidelines in Shared Physical Custody Situations
(a) A parent has shared physical custody (or shared custody) of children for purposes of this guidelines if the children reside with that parent for a period specified in writing in the custody order of at least 40 percent, but no more than 60 percent, of the year, regardless of the status of legal custody.
(b) The child support order must state that failure to exercise sufficient physical custody to qualify for shared physical custody under this rule is grounds for modification of the child support order. Denial of visitation by the custodial parent is not cause to increase child support.
(c) Because shared physical custody presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical custody is made by multiplying the basic child support obligation by one and fifty hundredths (1.50) or one hundred fifty percent (150%).
(d) Section 1203 (a) through (d) shall apply in shared physical custody situations.
(e) The basic child support obligation shall be determined as follows:
(1) Each parent’s Adjusted Gross Income is divided by the Combined Adjusted Gross Income to get the percentage share of income of each parent.
(2) The Combined Adjusted Monthly Gross Income figure shall be located on the Schedule of Basic Child Support Obligation, matching it to the column for the number of children involved. Take the amount of the Basic Child Support Obligation and multiply it by 1.5 to determine the Shared Physical Care Support Obligation.
(3) Multiply the Shared Physical Care Support Obligation by the percentage share of income of each parent. This is each parent’s portion of Shared Physical Care Support Obligation.
(4) Determine the number of overnights with each parent (this answer must total 365). Take the number of overnights with each parent and divide by 365 to determine the percentage of time with each parent. If the overnights with either parent is less than 146, use Worksheet A for sole custody situations.
(5) Take each parent’s portion of Shared Physical Care Support Obligation and multiply it by the percentage of time of the other parent to get the Support Obligation for Time with Other Parent.
(f) The total child support obligation shall be determined as follows:
(1) To the Support Obligation for Time with Other Parent, any of the following necessary expenses may be added by the court: child care costs, extra education expenses, and older child adjustment (see Section 1203(e)(1) through (3)).
(2) Add the Total Necessary Expenses for Each Parent. Then add both parents’ Total Necessary Expenses to get the Combined Necessary Expenses. Each parent’s share of Necessary Expenses is determined by multiplying the Combined Necessary Expenses by each parent’s Percentage Share of Income.
(3) To determine whether expenses paid by either parent is in excess of their fair share, subtract Each Parent’s Share of Necessary Expenses from the Total Necessary Expenses for that parent. If the number is negative, enter zero. To determine Each Parent’s Adjusted Support Obligation, subtract the Expenses Paid in Excess of Fair Share from the Support Obligation for Time With Other Parent.
(4) The Recommended Child Support Order is determined by subtracting the lesser amount from the greater amount of Each Parent’s Adjusted Support Obligation and enter result under greater amount.
1206. Medical Insurance
An order for child support shall assign responsibility for providing medical insurance for the children who are the subject of the support award. The court shall specify the percentage of uninsured medical expenses for the children which each parent shall pay. The apportionment shall reflect the parent’s respective ability to pay.
1207. Review and Adjustment (Modification)
Review and adjustment may be initiated by the Office of the Attorney General, Child Support Enforcement Division when:
(a) there is no provision for health insurance in the order;
(b) in TANF cases, thirty-six (36) months after establishment of the order, or most recent review; or
(c) in Non-TANF cases, thirty-six (36) months after establishment of the order, or most recent review, or when requested by either parent.
Local Rules of the Superior Court of Guam.
Miscellaneous Rules
Family Violence Orders of Protection
MR 2.1. Family Violence Orders of Protection
SOURCE: Rule 14 adopted by Sup. Ct. of Guam Prom. Order No. 06–003 (Mar. 31, 2006). Renumbered by Compiler to follow section number designations for the Rules of the Superior Court of Guam. Promulgation Order No. 06–006–04 (Jan. 11, 2008) adopted forms to be used with these Rules, effective immediately.
AUTHORITY: These rules shall govern the Order of Protection process in the Superior Court, for all persons as defined under 9 GCA § 30.10(b), and 7 GCA § 40101(d), who seek an order of the Court for exigent and immediate relief from abuse or the threat of abuse by a family or household member.
MR 2.1.2. Petition
A. Petition for Order of Protection.
(1) A Petition for an Order of Protection shall be filed with the Clerk of Court at the Courts and Ministerial Division of the Superior Court of Guam.
(2) The new designation for a Petition of an Order of Protection shall be “Protective Order—PO Case #00–0000.” Plaintiff shall be the “Petitioner.” Defendant shall be the “Respondent.”
(3) All petitions must be made under oath, and contain detailed facts and information to assist the Court in making a determination of the basis for the petition.
B. Separate Actions. Petitions for an Order of Protection may be filed separately, filed concurrently with another case, or subsequent to another existing case. All cases involving the same parties shall be automatically consolidated by the Clerk of Court for assignment.
C. Costs. Petitions for an Order of Protection shall be filed without cost. This fee exemption applies only to these Petitions for Orders of Protection. The fee exemption is not available for any concurrent or subsequent filing of a related domestic, child custody, or child support action. Fees must be paid for related domestic, child custody, or child support actions, even if filed at the same time as the Petition for Order of Protection.
SOURCE: 19 GCA § 14104.
D. Clerk Office Open. The Clerk’s Office shall be open and available to assist any person seeking an Order of Protection Monday through Friday at the hours of 11:00 a.m., and 4:00 p.m. If the Court is not open for regular business hours, or on the weekend, a petition may be heard by the magistrate judge, or any judge available on duty.
MR 2.1.3. Hearings and Notice
A. Ex Parte Application for Temporary Order of Protection.
(a) Ex Parte Application for Temporary Order of Protection.
(1) An ex parte application for an Order of Protection shall be heard each day pursuant to these Rules. A declaration of notice is required only in cases where Respondent is represented by counsel. In cases where Respondent is represented by counsel, it shall be the duty of Petitioner’s counsel to file a declaration containing the following:
(A) that a good faith effort has been made to advise counsel for all other parties, if known, of the date, time and substance of the proposed ex parte application or the reasons supporting the claim that notice should not be required, and
(B) the efforts to contact other counsel or the parties and whether any other counsel or party, after such advice, opposes the application or has requested to be present when the application is presented to the court, and if not filed in accordance with this rule, reasons why the ex parte application has not been timely filed.
Notice is not required to be served on a pro se Respondent if such notice would further endanger the safety and welfare of the Petitioner and/or minor child/ren. The Clerk of Court will transmit the petition for immediate review and hearing at such times designated by the Ex Parte judge, or any available judge should the Ex Parte judge not be available.
(2) An ex parte application for an Order of Protection and a request for a Show Cause hearing shall be filed together with a Petition and Affidavit for Temporary Order of Protection subscribed under oath by the Petitioner.
(3) The Judge after review of the Petition and Affidavit may require the Petitioner to respond to any questions from the Court at the Ex Parte hearing. If the Petitioner is not present at the Ex Parte hearing and is instead represented by an attorney, the Court may accept the Affidavit of the Petitioner as establishing grounds for issuance of the Temporary Order of Protection.
(4) Upon grant of the Temporary Order of Protection, the Clerk of Court shall set the matter for a Show Cause Hearing no later than ten (10) days calendar from date of the issuance of the Temporary Order of Protection by the judge.
B. Final Orders of Protection/Show Cause Hearing.
(1) All Petitions for an Order of Protection shall be heard by the Family Violence Court judge. If the parties have a pending domestic case assigned to a Family Court judge, the Show Cause hearing should be scheduled before the Family Court judge.
(2) All Show Cause hearings shall be heard no later than ten (10) days calendar after issuance of the Temporary Order of Protection, and shall be calendared before the Family Violence Court judge at such times as designated by the Court.
(3) The Respondent shall be ordered to appear before the Court at the times and dates specified in the Temporary Order of Protection. Failure to appear may subject the Respondent to contempt charges. If the Respondent fails to appear at the hearing after being properly served and noticed, the case may proceed by default.
(4) The Court shall inform the Respondent of his right to seek assistance of an attorney at his own expense. If the Respondent desires to obtain assistance of an attorney, the Court may continue the Show Cause hearing for a reasonable period to afford the Respondent an opportunity to obtain counsel. A Temporary Order of Protection may be modified, may continue as a temporary order, or may be made permanent as deemed appropriate by the Court.
(5) After taking testimony and evidence at the Show Cause hearing, and upon a showing of proof by a preponderance of the evidence as to the truth of the allegations in the Petition, the Judge may issue an Order of Protection for such periods as authorized by law, or may approve any consent agreement to bring about cessation of abuse of the plaintiff or minor child/ren. Upon motion of the Petitioner and in the sound discretion of the Family Violence Court judge, the Order for Protection pursuant to Title 7GCA § 40105(b) may be extended for additional periods of one (1) year.
(6) Mutual restraining orders, either stipulated to by the parties or issued by the court, are prohibited unless:
(a) based on a cross or counter petition or complaint, or
(b) the court has made specific findings that each party was entitled to such an order, including detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither acted primarily in self defense.
MR 2.1.4. Relief
A. Temporary Order of Protection. A court may grant the following temporary relief at the ex parte hearing:
(1) Enjoining and restraining the Respondent from harassing, abusing, threatening, using or attempting to use physical force or cause bodily injury to the Petitioner and the minor child/ren, or communicating directly or indirectly with the Petitioner or the minor(s);
(2) Enjoining the Respondent from coming within five hundred (500) feet of the Petitioner, Petitioner’s residence, place of employment, school, or the minor child/ren until otherwise permitted by the Court;
(3) Restraining the Respondent from interfering with the Petitioner’s temporary custody of the minor child/ren, or removing them from Guam;
(4) Granting exclusive possession of the family residence to the Petitioner by evicting the Respondent or restoring possession to the Petitioner when the residence or household is jointly owned or leased by the parties;
(5) Granting the Petitioner use of a vehicle or other personal possession, or ordering payment of certain costs, fees, rent or mortgage payments, child support, medical and dental costs, court costs, or attorneys fees;
(6) Awarding temporary custody, providing for or prohibiting visitation with the child/ren;
(7) Ordering the temporary or permanent surrender of any kind of weapon, or instrument that could inflict harm or injury in the possession of the Respondent.
SOURCES: 7 GCA § 40105; and 19 GCA § 8404.
B. Order of Protection. A court may grant the following permanent relief:
(1) Enjoining and restraining the Respondent from harassing, abusing, threatening, using or attempting to use physical force or cause bodily injury to the Petitioner and the minor child/ren, or communicating directly or indirectly with the Petitioner or the minor(s);
(2) Enjoining the Respondent from coming within five hundred (500) feet of the Petitioner, Petitioner’s residence, place of employment, school, or the minor child/ren until otherwise permitted by the Court;
(3) Restraining the Respondent from interfering with the Petitioner’s custody of the minor child/ren, or removing them from Guam;
(4) Granting exclusive possession of the family residence to the Petitioner by evicting the Respondent or restoring possession to the Petitioner when the residence or household is jointly owned or leased by the parties;
(5) Granting the Petitioner use of a vehicle or other personal possession, or ordering payment of certain costs, fees, rent or mortgage payments, child support, medical and dental costs, court costs, or attorneys fees;
(6) Awarding permanent custody, providing for or prohibiting visitation with the child/ren;
(7) Ordering the temporary or permanent surrender of any kind of weapon, or instrument that could inflict harm or injury in the possession of the Respondent.
SOURCES: 7 GCA § 40105; 19 GCA § 8404, and 9 GCA § 30.32.
MR 2.1.5. Service of Orders
Service of Orders of Protection and Show Cause Orders. The Marshals Division of the Superior Court of Guam will serve all Orders of Protection and Show Cause Orders upon order of the Court, or at the request of the Petitioner. The Petitioner or his/her attorney should provide complete and detailed information on the whereabouts of the Respondent(s). If the Respondent is incarcerated the Petitioner should notify the Marshal of the date of arrest.
MR 2.1.7. Contempt
A. Civil Contempt.
(1) Upon violation of a protective order, or a court-approved consent agreement of the parties, the Court may hold the Respondent in contempt, as follows:
(a) If the judge certifies that he or she saw or heard conduct constituting contempt and it was committed in the actual presence of the court, and any person found guilty of such contempt may be punished summarily by a fine not exceeding $25.00 or by imprisonment not exceeding five days or by both. The order of contempt shall recite the facts and shall be signed by the judge and entered of record.
(b) Other than as provided by subsection (a), contempt shall be prosecuted on notice and a hearing. Any person found guilty of contempt, other than as provided by subsection (a), may be subject to the same penalty as a person found guilty of a petty misdemeanor, which is, a definite term set by the court not to exceed sixty (60) days imprisonment.
SOURCES: 7 GCA §§ 40109, 34101(a) and (b); 9 GCA § 80.34.
Local Rules Super Ct., Rule 2.1.7, GU ST SUPER CT Rule 2.1.7
MR 2.1.8. Firearms
A. Surrender of Firearms and/or Ammunition.
(1) The Court shall require a Respondent subject to an Order of Protection to immediately surrender all firearms and/or ammunition to the Marshal of the Court, or other law enforcement officers.
(2) The Court may issue to the Marshal such search warrants as are necessary to effect the federal statute, the Gun Control Act of 1996, 18 U.S.C. § 922(g)(9). The Court may find probable cause determination based on the allegations contained in the Petition and Affidavit of the Petitioner, or evidence presented at hearing.
(3) Any firearms and/or ammunition seized by the Marshals shall comply with Standard Operating Procedures of the Superior Court of Guam Marshal Division for the seizure, storage and return of all firearms and/or ammunition seized in all protection from abuse cases. Any firearm seized by any other law enforcement officer shall comply with that department’s standard operating procedure for the seizure, storage and return of all firearms and/or ammunition seized.
SOURCE: 18 U.S.C. § 922(g)(8), (9).
B. Federal Firearm Prohibition. An Order for Protection must meet the requirements to satisfy the requirements of a “Qualifying Protection Order” under the federal firearm prohibitions:
(1) the Respondent must have received notice of the hearing,
(2) the Respondent must have had an opportunity to participate in the hearing,
(3) include a finding that the Respondent represents a credible threat to the physical safety of the Petitioner or child; or by its terms, explicitly prohibit the actual, attempted, or threatened use of physical force against the Petitioner or child.
SOURCE: 18 USC § 922(g)(8).
C. Release of Firearms and/or Ammunition.
(1) Any firearm and/or ammunition that has been surrendered pursuant to Rule 14.8(A) shall not be released to a Respondent who is subject to an Order of Protection as set forth in Rule 14.8(B), until the Respondent obtains a court order granting such release.
(2) The Respondent or other registered owner may request, by motion to the assigned judge, for the release of any firearm and/or ammunition surrendered pursuant to Rule 14.8(A). Such motion shall be made after the expiration of the Order for Protection.
(3) At the hearing, the judge shall consider the following:
(a) Has the Order for Protection has been extended or made permanent
(b) Is the Respondent is subject to any court order that precludes the ownership or possession of firearms and/or ammunition;
(c) The ownership and registration status of the firearm and/or ammunition;
(d) Any other factor which, in the sound discretion of the court will justify the release or other disposition of the firearm(s) or ammunition, including but not limited to, the grounds for Respondent’s request for release, possible danger for the victim(s), and employment purposes.
(4) No firearm shall be released by any Judiciary marshal pursuant to this rule unless the Respondent complies with the applicable statutes regarding registration, Chapter 60 of Title 10 of the GCA.
(5) The Judiciary shall not be held liable for alleged damage or deterioration due to the storage, transportation of any firearm that was surrendered to a marshal pursuant to Rule 14.8(A).
Small Claims
MR 5.1.4. Jurisdiction
Any person having a claim of ten thousand ($10,000.00) dollars or less may apply for relief through the Small Claims Division. Counterclaims or cross-claims may also be filed for up to ten thousand ($10,000.00) dollars. If a bona-fide counterclaim or cross-claim is in excess of ten thousand ($10,000.00) dollars, the matter shall be handled as a regular civil or other case. Any person having a claim against him or her for more than five thousand ($5,000.00) dollars may make a timely application to the court for transfer of the matter out of the Small Claims Division to be handled as a regular civil or other case within the Superior Court of Guam, which motion, if timely made, shall be granted as a matter of right.