Estatutos Seleccionados: Guam

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.