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.