Resource for a Recourse: Online Resource Center for Survivors of Abuse

GUAM : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

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:

Attempting to cause or causing physical harm to another family or household member
Placing a family or household member in fear of physical harm

You can get a restraining order against a family or household member who has committed acts of family violence against you.

Family or household members include:

A current or former spouse;
A person you live with or have lived with (Adult or minor);
A person you are dating or have dated (Adult or minor);
A person you have or have had a sexual relationship with (Adult or minor);
A person you are related to by blood or adoption to the fourth degree of affinity (Adult or minor);
A person you are related to or formerly related to by marriage (Adult or minor);
A person you have a child in common with (Adult or minor); and
A minor child of a person in a relationship described in (1) through (7) above

Note: Same-sex couples may file for an order of protection based upon the legal requirements.

Types of protective orders:

Preliminary Order

A preliminary restraining order is the first step in obtaining a permanent order. It can be given to you by a judge if he/she believes that you are in immediate danger. The order will last until you can have your hearing before a judge for a more permanent order. The preliminary order must first be served (given) to your abuser before it takes effect.

Permanent Order

A permanent restraining order offers more lasting protection against domestic abuse. It can only be granted after a full court hearing where both you and your abuser have an opportunity to tell your own sides of the story to a judge.

A permanent order takes effect after it has been served (given) to your abuser. You should be notified when your abuser is served.

BACK TO TOP

Benefits:

A Restraining Order can order your abuser to stay away from you, your children, and other household members. Depending on the facts of your case, you may be able to receive:

An order commanding your abuser to stop threatening to commit or committing further acts of family violence;
An order prohibiting your abuser from harassing, annoying, telephoning, contacting or otherwise communicating with you, directly or indirectly;
An order removing your abuser from your residence;
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;
An order prohibiting your abuser from using or possessing any kind of weapon, instrument or object to inflict bodily harm or injury;
An order granting you possession and use of the automobile and other essential personal effects;
An order granting custody of your child or children;
An order denying your abuser visitation;
An order specifying arrangements for visitation, including requiring supervised visitation; and
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.

Whether a judge orders any or all of the above depends on the facts of your case

BACK TO TOP

Costs:

It does not cost anything to file for a Restraining Order.

Many restraining order cases are handled without a lawyer. If you believe that the other side will have a lawyer, however, or if there are complicated issues to be raised in your case, you may be better off with a lawyer. In any case, it is your choice.

BACK TO TOP

Violations:

Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. An abuser can be arrested, fined and jailed for violating the protective order. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. You should also make sure the police write a report on the incident even if the abuser is not arrested. The report will be a valuable piece of documentation if you try to change or extend your order.

You should know that if you let your abuser back into your residence, place of employment or anywhere the restraining order prohibits him/her from going, it may be harder to have the order enforced in the future.

BACK TO TOP