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

AMERICAN SAMOA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
ELIGIBILITY
BENEFITS
COSTS
VIOLATIONS

American Samoa law defines "domestic abuse" as the occurrence (actual or attempted) of one or more of the following acts between "family or household members":

Attempting to cause or causing physical harm to another family or household member
Placing a family or household member in fear of physical harm; or
Causing a family or household member to engage involuntarily in sexual activity by force, threat of force or duress

Types of protective orders:

Emergency Civil Order for Protection

You can obtain an emergency order for protection without a full court hearing when a law enforcement officer states to the court in person or by telephone, and the court finds reasonable grounds to believe, that the petitioner is in immediate danger of domestic or family violence based on an allegation of a recent incident of domestic or family violence by a family or household member. An emergency COP grants protection for 72 hours after issuance. The full court hearing usually occurs within 10 days.

The advantage of an emergency COP is that you can get one without your abuser present. You can apply for an emergency COP by going to the circuit court clerk in the county courthouse in your area. In some counties, you may be required to go to family court or domestic relations court. You might be required to see a judge and explain why a PFA is necessary.

If it is determined that a "clear and present danger" exists for yourself or your family, a PFA will be issued. If the judge denies your request for an Emergency PFA, you may still ask the judge to consider your PFA petition through a full hearing. This means your abuser will be served with a copy of your request and will have an opportunity to respond.

Ex Parte/Civil Order for Protection

A COP can be issued only after a full court hearing where you and your abuser both tell your sides of the story to a judge. COP's are usually good for up to one year. You may also apply to have your COP extended.

Unless requested for a later time, you will have a full court hearing within ten days after you file your application for a COP. You must attend that hearing. If you do not go to the hearing, your temporary order may expire and you will have to start the process over. If your abuser does not show up to that hearing, the judge may grant an ex parte COP or s/he may set a new hearing date. If you have an emergency COP, make sure the judge extends it so that it is effective until the new hearing date.

Civil orders for protection are filed with and granted by the High Court.

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Eligibility:

You are eligible to file for a COP order if you have been the victim of "domestic violence", as defined by American Samoa law, and your abuser is one of the following:

A current or former spouse, (regardless of living situation)
Someone with whom you live or have lived
Someone you are dating or have dated
Someone with whom you have or had a sexual relationship
A person with whom you have a child in common
A person related by blood or adoption
A person (currently or formerly) related by marriage
A current or former household member

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Benefits:

It is dangerous to stay in an abusive relationship. Over time, the abuse often becomes more frequent and more severe. Leaving an abusive relationship, however, is also dangerous. Although a COP order does provide legal means to protect yourself from an abuser, it does not provide you with physical protection.

In an Emergency Civil Order for Protection, the court can:

Enjoin the respondent from threatening to commit or committing acts of domestic or family violence against the petitioner and any designated family or household members;
Prohibit the respondent from harassing, annoying, telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
Remove and exclude the respondent from the residence of the petitioner, regardless of ownership of the residence;
Order the respondent to stay away from the residence, school, place of employment of the petitioner, or any specified place frequented by the petitioner and any designated family or household member;
Order possession and use of an automobile and other essential personal effects, regardless of the ownership of the essential personal effects, and direct the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to possession of the residence, automobile, and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;
Grant temporary custody of a minor child to the petitioner; and
Order such other relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member.

In a Civil Order for Protection, a judge may order all the protections of the emergency order. In addition, a judge can:

Prohibit the respondent from using or possessing a firearm or other weapon specified by the court;
Specify arrangements for visitation of any minor child by the respondent and require supervision of that visitation by the third party or deny visitation if necessary to protect the safety of the petitioner or child.
Order the respondent to pay attorney's fees.
Order the respondent to pay rent or make payment on a mortgage on the petitioner's residence and pay for the support of the petitioner and minor child if the respondent is found to have a duty to support the petitioner or minor child.
Order the respondent to reimburse the petitioner or other person for any expenses associated with the domestic or family violence, including but not limited to medical expenses, counseling, shelter, and repair or replacement of damaged property; and
Order the respondent to pay the costs and fees incurred by the petitioner in bringing the action.

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Costs:

There is no fee for filing a COP in American Samoa. If you have financial problems and can't afford your own representation, you may qualify for assistance from a Legal Services Clinic. If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking a COP. Although you do not need legal counsel to file for a COP, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.

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Violations:

Call the police immediately if you believe your COP has been violated. It is a misdemeanor if the abuser knowingly violates the order in any way. Any failure to observe all provisions of the order constitutes a violation on the part of your abuser. In such an instance, call the police immediately; tell them that you have an order and that your abuser is in violation of it. It is very important that you keep a copy of the order with you at all times. Allowing your abuser access to your residence, place of employment or anywhere the COP prohibits him/her from going may result in the loss of right to enforce the order.

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