Guam § 40105 - Relief.

Full text of Guam Guam Code Annotated § 40105 — Relief., with citation guidance and answers to common questions.

§ 40105. Relief.

(a) The court shall be empowered to grant protection by

appropriate order or approve any consent agreement to bring about

a cessation of abuse of the plaintiff or minor children, which are

not limited to, but may include:

(1) directing the defendant to refrain from abusing the

plaintiff or minor children;

(2) granting possession to the plaintiff of the residence

or household to the exclusion of the defendant by evicting the

defendant or restoring possession to the plaintiff when the

residence or household is jointly owned or leased by the

parties;

(3) when the defendant has a duty to support the plaintiff

or minor children living in the residence or household and the

defendant is the sole owner or lessee, granting possession to

the plaintiff of the residence or household to the exclusion of

the defendant by evicting the defendant to restoring pos-

session to the plaintiff or by consent agreement allowing the

defendant to provide suitable, alternative housing;

(4) when the plaintiff and defendant are spouses, or

persons who have a minor child or children in common and

who live together, and if necessary to maintain the safety and

basic needs of the plaintiff or the minor child or children in

common of the plaintiff and defendant, prohibiting the

defendant from:

(A) taking any action that could result in the

termination of any necessary utility services or services

related to the family dwelling or the dwelling of the

plaintiff; or

(B) taking any action that could result in the

cancellation, change of coverage, or change of

beneficiary of any health, automobile, or homeowners

insurance policy to the detriment of the plaintiff or the

dependent child or children in common of the plaintiff

and defendant;

(5) when the plaintiff and defendant are spouses, or

persons who have a dependent child or children in common

and who live together, and if necessary to maintain the safety

and basic needs of the plaintiff or the minor child or children

in common of the plaintiff and defendant, providing the

plaintiff with 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

effects; or directing the defendant to:

(A) make rent or mortgage payments on the family

dwelling or the dwelling of the plaintiff and the minor

child or children in common of the plaintiff and

defendant;

(B) maintain utility services or other necessary

services related to the family dwelling or the dwelling

of the plaintiff and the minor child or children in

common of the plaintiff and defendant;

(C) maintain all existing health, automobile, or

homeowners insurance coverage without change in

coverage or beneficiary designation; or

(D) provide financial support for the benefit of any

minor child or children in common of the plaintiff and

the defendant; provided, that the defendant has a legal

duty to support such child or children and the ability to

pay; or

(6) awarding temporary custody or establishing

temporary visitation rights with regard to minor children.

(b) Any protection order or approved consent agreement

shall be for a fixed period of time as the court deems appropriate.

The court may amend its order or agreement at any time upon

subsequent petition or motion filed by either party. These

provisions are intended to provide victims of family violence

immediate relief, and not intended to replace the legal processes

for support, custody, or divorce.

(c) No order or agreement under this Chapter shall in any

manner affect title to any real property.

Frequently Asked Questions About Guam § 40105

What does Guam Code Annotated § 40105 cover?

Section 40105 ("Relief.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Guam § 40105?

A common citation format is "Guam Code Annotated § 40105" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Guam law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.

How does Guam § 40105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Guam.