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Legal Information: Guam

Restraining Orders

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Updated: 
January 30, 2018

What is the National Crime Information Center Registry? Who has access to it?

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

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

How do I register my protection order in Guam?

A certified copy of a protection or restraining order from another state can be filed with the Clerk of the superior court in Guam. It is then treated and filed like any order issued by a court in Guam. *

You may want to call the clerk of court in Guam to find out what documentation they need so that you can file your order with the superior court.

If you need help registering your protection order, you can contact a local domestic violence organization in Guam for assistance. You can find contact information for organizations in your area here on our GU Advocates and Shelters page.

* 19 G.C.A. § 14105(a)

Do I have to register my protection order in GU in order to get it enforced?

No. 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 valid (real) 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.*

* 19 G.C.A § 14105(b)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.*  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Tips page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our GU Advocates and Shelters page.

* 18 USC § 2265(d)

What if I don't register my protection order? Will it be more difficult to have it enforced?

Maybe. 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 GU 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 GU, go to our GU Advocates and Shelters page. 

 

Does it cost anything to register my protection order?

No. There is no fee for registering your protection order in Guam.*

* 19 G.C.A. §14104