For purposes of getting a civil order of protection, domestic abuse is defined as when a family or household member commits one of the following acts:

• causing or attempting to cause you bodily injury or serious bodily injury, with or without a deadly weapon;
• placing you in fear of immediate (imminent) serious bodily injury by physically threatening or intimidating you (menacing); or
• sexual abuse of a minor child.¹

Note: The criminal definition of family violence under the law is slightly different than the civil definition explained above.²

¹ 7 Guam Code § 40101; see also the petition for an order of protection
² 9 Guam Code § 30.10(a)

A temporary order of protection and a permanent order of protection can do the following:

• order the respondent to:
  • stop harassing, abusing, and threatening you and your children;
  • not use or attempt to use physical force or cause bodily injury;
  • have no communication with you and your children, either directly or indirectly;
  • stay 500 feet away from you, your minor child/ren, your home, your place of employment, and your school;
  • order the respondent to not interfere with your temporary custody and to not remove your children from Guam;
  • pay certain costs and fees, including rent or mortgage payments, child support, medical and dental costs, court costs, or attorneys fees; and
  • temporarily or permanently surrender any kind of weapon or instrument that could cause harm or injury if it were in the possession of the respondent;
• give you custody of your children;
• allow the respondent to have visitation or deny visitation;
• if the home is jointly owned or leased by you and the abuser:
  • give you exclusive possession of the family home by evicting the respondent; or 
  • put back into the home if you already left the home;¹
• if the home is owned or leased only by the respondent and the the respondent has a legal duty to support you or your minor children who were living in the home:
  • give you exclusive possession of the family home by evicting the respondent; 
  • put back into the home if you already left the home; or
  • approve any agreement between you and the abuser that allows the respondent to remain in the home but gives you suitable, alternative housing; 
• if you are married to the abuser, or if you have a minor child in common and you live together, order the respondent to:
  • not take any action that could result in the termination of any necessary utility services or services related to the family home or your home where you live with your children;
  • pay for (maintain) utility services or other necessary services;
  • not take any action that could result in the cancelation, change of coverage, or change of beneficiary of any health, automobile, or homeowners insurance policy that would harm you or your children;
  • pay for (maintain) insurance policies without change in coverage or beneficiary designation;
  • give you 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 items; 
  • make rent or mortgage payments on the family home or your home where you live with your children;
  • pay child support if the respondent has the ability to pay.²

Note: In a permanent order of protection, if the judge finds “probable cause” to do so, the judge is supposed to require the respondent to immediately surrender all firearms and ammunition to the Marshal of the Court, or to another other law enforcement officer. “Probable cause” can come from the allegations you made in your petition or from evidence presented at the hearing. In addition, the judge can issue any search warrants that are necessary for the Marshal to get the weapons and ammunition.³

¹ MR 2.1.4.
² 7 Guam Code § 40105(a)(3), (a)(4), (a)(5)
³ MR 2.1.8.(A)(1), (A)(2)

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

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

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

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

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

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

In Guam, you may apply for an order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get an order of protection? You must also be the victim of an act of domestic abuse, which is explained in What is the legal definition of domestic abuse in Guam?

If you do not qualify for an order of protection due to domestic abuse, you might qualify for a stalking protection order. In addition, there can be criminal laws that the abuser is violating. Go to our GU Crimes page for the definitions of some commonly-committed crimes. If one of these crimes is being committed against you, and criminal charges are pressed against the abuser, a judge may issue an order to keep the person away from you and to order him/her to have no contact with you.¹ You can also visit our Safety Planning page for ways to increase your safety. 

Orders of protection do not cover emotional, mental, or financial abuse. A domestic violence organization in your area can be a good source of support. See our GU Advocates and Shelters for referrals.

¹ See, for example, 7 Guam Code § 40B108(a)(1)

You can go to the superior court to fill out the appropriate forms or you can get them on our GU Download Court Forms page. To find the contact information for the superior court, go to our GU Courthouse Locations page. A victim advocate is allowed to help you prepare your petition for an abuse protection order¹ or you can consult with an attorney. To find help in your area, go to our GU Places that Help page.  

On the forms, you will be the “petitioner” and the abuser will be the “respondent.”  Write briefly about the most recent incidents of violence, using descriptive language - words like “slapping,” hitting,” “grabbing,” threatening,” etc. - that fits your situation. Include details and dates, if possible.

Remember to bring some form of personal identification, such as a driver’s license or other identification that includes your picture, in case you need to show it to the court clerk when you sign the forms. You cannot be charged a fee to file for an order of protection.²

¹ 7 Guam Code § 40103(b)
² 7 Guam Code § 40103(d)

The Marshals Division of the Superior Court of Guam will serve all orders of protection and “show cause orders” if the court requests it or if you request it. You or your attorney will have to provide detailed information on the whereabouts of the respondent. If the respondent is incarcerated, the court may ask you about the date of his/her arrest to pass that information along to the marshal.¹

You cannot be charged a fee by a public agency for service of process.²

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ MR 2.1.5.
² 7 Guam Code § 40103(d)

These are some things you may want to consider after you have been granted an order of protection. Depending on what you think is safest in your situation, you may do any or all of the following:

• Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
• Make several copies of the order of protection as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• You may wish to consider changing your locks, if permitted by law, and your phone number.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey orders of protection, but some do not and it is important to build on the things you have already been doing to keep yourself safe. 

To change, extend, or cancel your order, you would file a Petition/Motion to Dismiss, Extend, or Modify Other Conditions of Order Of Protection. The court will set a date for a hearing and the abuser will be served with a copy of the motion and a request to be present. You must attend this hearing and tell the judge why the change, extension, or cancelation is necessary.

If you are filing to extend your restraining order, you must file the motion to extend the order before your original order expires. A judge can extend your order for one year. However, there is not a limit on how many times you can file for a one-year extension.¹

¹ MR 2.1.3.(B)(5); 7 Guam Code § 40105(b)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 U.S.C. § 2265(d)(3)

There are two types of stalking protection orders, temporary ex parte and permanent.¹

A temporary ex parte protection order means that it is issued without the abuser being notified beforehand or being present in court.¹ The judge will only issue an ex parte order if permanent harm (“irreparable injury”) could result if you had to  notify the abuser before getting the order. Some examples of “irreparable injury” are when the abuser:

• recently threatened to cause you physical injury; or
• committed acts of stalking against you.²

A temporary order will last for up to ten days until the case is set down for a “show cause hearing” for the permanent order.³ 

At the show cause hearing, you will have to prove the allegations in your petition to get a permanent protection order. The abuser will also have an opportunity to present his/her case to try to convince the judge not to issue the order. The permanent order can last for a period of time determined by the judge.⁴

¹ 7 Guam Code § 40B101(d)
² 7 Guam Code § 40B107(a), (b)
³ 7 Guam Code § 40B105
⁴ 7 Guam Code § 40B106(d)

A victim advocate is allowed to be with you in the courtroom. An advocate can also help you prepare your petition for a stalking protection order.¹ You can find victim advocates on our GU Advocates and Shelters page.

¹ 7 Guam Code § 40B103(c)

You can request that the court allow you to attend by telephone, video conference, or by another two-way electronic communication device. In making a decision as to whether to allow it, the judge should consider whether your safety or welfare would be threatened if you were required to attend in person. The same standard also applies to a witness who is called to court to testify but would rather not attend in person.¹

¹ 7 Guam Code § 40B105

You can file a petition against any adult or minor who has committed an act of stalking against you,¹ your minor child, or another person. When filing on behalf of another person, you must have personal knowledge that this person has been the victim of stalking. Also, any adult household member can file on behalf of a minor child in the household who is a victim of stalking.²

Note: You do not have to report the stalking to the police. You can file for an order regardless of whether you report it or not.¹

¹ 7 Guam Code § 40B106(a)
² 7 Guam Code § 40B103(b)

The judge will review your petition and might ask you some questions at an ex parte hearing. The judge will only issue an ex parte order if permanent harm (“irreparable injury”) could result if you had to  notify the abuser before getting the order. Some examples of “irreparable injury” are when the abuser:

• recently threatened to cause you physical injury; or
• committed acts of stalking against you.¹

The order will last for up to ten days until the case is set down for a “show cause hearing” for the permanent order.²

You can have a victim advocate in court with you during the hearing.³

¹ 7 Guam Code § 40B107(a), (b)
² 7 Guam Code § 40B105
³ 7 Guam Code § 40B103(c)

At the “show cause hearing,” you will have to prove that you are a victim of stalking, as you alleged in your petition. You do not have to show proof of the abuser’s intentions. This means you don’t have to prove that the abuser meant to scare you or intimidate you.¹ If the judge grants you an order, it should state on the order how long it lasts for. The law doesn’t tell how long the order will lasts. It only says that the judge can order it for “a fixed period of time as the court deems appropriate.”²

You can have a victim advocate in court with you during the hearing.³ To find an advocate, go to our GU Advocates and Shelters page. If you will be representing yourself, see our At the Hearing page for ways you can show the judge that you were abused. For legal help and representation, go to our GU Finding a Lawyer page. 

If you are afraid to go to court, you can request that the judge allow you to “appear” in court by telephone, video conference, or by another two-way electronic communication device. In making this decision as to whether to allow it, the judge should consider whether your safety or welfare would be threatened if testimony were required to be provided in person at a proceeding. The same protections also apply to a witness who is called to court to testify.⁴

¹ 7 Guam Code § 40B106(a)
² 7 Guam Code § 40B106(d)
³ 7 Guam Code § 40B103(c)
⁴ 7 Guam Code § 40B105

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

• First, read the questions on this page to see if judges in Guam have the power to remove guns as part of a temporary or final order;
• Second, go to our State Gun Laws section to read about Guam’s specific gun-related laws; and
• Third, you can read our Federal Gun Laws section to understand the federal laws that apply to all states and territories.

You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website. 

Violations of a protection order can be dealt with in the court that issued the order through civil contempt or through reporting it to the police.

If the abuser violates the order in front of the judge, the judge can certify that s/he saw or heard the act that violated the order and hold the abuser in civil contempt. The judge can immediately punish the person with a fine of up to $25, imprisonment of up to five days, or both. If the judge does not see the act of contempt, then you would file a petition for contempt., Then, the abuser would be served with notice of your petition, and a hearing would be held. At the hearing, if the judge believes that s/he committed contempt, s/he can be found guilty of a petty misdemeanor, which can carry a penalty of up to 60 days imprisonment.¹

Another way to report a protection order violation is to call the police. An intentional violation of an ex parte or permanent stalking protection order can be a misdemeanor crime and punishable by up to one year of incarceration, a fine of up to $1,000, or both.² If the violation results in bodily injury or if it is a second conviction for violating the order, the minimum punishment is supposed to be 30 days in jail. If the violation results in serious bodily injury or it is a third conviction for violating the order, the minimum punishment is supposed to be one year in jail.³

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ MR 2.1.7.; 7 Guam Code § 34101(b)
² 7 Guam Code §§ 40B106(e); 40B107(e)
³ 9 Guam Code § 30.40(a), (b)

Your order is good throughout Guam and the United States. Additionally, the federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.¹

You may also want to call the National Center on Protection Orders and Full Faith and Credit (1-800-903-0111 x 2) for information on enforcing your order in another state or territory.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2265

If you have a valid Guam order of protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid orders of protection granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my order of protection is good under federal law? to find out if your order of protection qualifies.

Each state must enforce out-of-state orders of protection in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state order of protection, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?¹

Note: The state where you are going generally cannot extend your ex parte preliminary order or issue you a permanent order when the temporary one expires. If you need to extend your preliminary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone or electronic means. However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

Federal law does not require you to take any special steps to get your order of protection enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order of protection is enforceable regardless of whether it has been registered or filed in the new state.¹ Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

Note: It is important to keep a copy of your order of protection with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your order of protection enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order of protection, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the Places that Help tab on the top of this page and then click Finding a Lawyer.

Your protection order can be enforced in Guam as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

As long as the child custody provision complies with certain federal laws,¹ Guam can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here GU Finding a Lawyer.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Guam, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in GU.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

Guam state law gives full protection to an out-of-state protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect. It does not have to be entered into the state or federal registry in order to be enforced by a Guam police officer, but the officer does need to believe that it is a real (valid) order.

If you do choose to register it with the court, it will be given “full faith and credit” by the courts of Guam and enforced as if it were issued on Guam.¹

¹ 19 Guam Code § 14105(b)

While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a Guam law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Guam. To see a list of local domestic violence organizations in Guam, go to our GU Advocates and Shelters page.