Civil Protection Orders

American Samoa Legal Aid Services

Jesse Berenfeld – Domestic Violence Paralegal
 Who We Are
American Samoa Legal Aid provides legal
assistance to low-income people who need help
with civil matters.
Our mission:
“To empower our community to access equal
justice through high quality civil legal services.”
“Ia maua e tagata lautele le amiotonu tutusa ona o
auaunaga lelei fa'aletulafono.”
 How to Reach Us
We are located in Pago Pago on the second floor of the Letialua Building. It is
right next door to the National Park Visitors Center.
Our hours are 7:30 AM – 4 PM, except on holidays.
You can call us (684) 633-3300/3301, write to us at P.O. Box 5984, Pago Pago,
AS 96799, or email us at asla@aslegalaid.org.
Our chief attorney for the domestic violence program is Rev. Asaua Fuimaono.
You can reach him at asfuimaono@aslegalaid.org or me at
jesseberenfeld@aslegalaid.org.
How We Help
Domestic Violence
Survivors & Families
American Samoa Legal Aid provides legal assistance to low-income people who
need help with civil matters, including :
• Civil Protection Orders (CPOs)
• Divorce, Child Custody, Child and Spousal Support
• Legal Guardianship and Power of Attorney
• Help with Food Stamps, WIC, and Children’s Health Insurance Program
• Help for Those Facing Eviction
 Our Other Legal Services
American Samoa Legal Aid also helps people in other areas, such as:
• FEMA applications and disaster relief
• Employment discrimination
• Accessing disability benefits
• Unpaid wages
• Name changes
• Small estates
• Other legal matters listed in ASLA’s priorities
 Domestic Violence and the Law
By the civil code of American Samoa, domestic violence is defined as:
One or more of the following acts by a family or
household member, not including acts of self-defense:
• (1) Attempting to cause or causing physical harm to
another family or household member,
• (2) Placing a family or household member in fear of physical harm, or
• (3) Causing a family or household member to engage involuntarily in sexual
activity by force, threat of force, or duress.
Who Counts as a Family or Household Member?
Title 47 defines “family and household member” in a way that might protect many
more people than you think! Those terms cover:
(1) Adults or minors who are current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated;
(4) Adults or minors who are engaged in/have engaged in a sexual relationship;
(5) Adults or minors who are related by blood or adoption;
(6) Adults or minors who are related or formerly related by marriage;
(7) Persons who have a child in common; and
(8) Any minor children of a person in a relationship described above.
 What is a CPO?
• Civil protection orders are instructions from the court that
stop an abuser from harming or going near someone.
• Emergency CPOs will protect you for 72 hours. Modified
orders can last longer and give you additional protections.
• They are free and can be obtained by anyone - residency time does not
matter. Adults can file for themselves or on behalf of a child. At ASLA, a
child cannot be a client themselves and will need an adult to accompany
them. They do not need to be related; a friend, teacher, or other trusted
adult can help too.
How Do CPOs Help People?
CPOs can help make sure that survivors have:
• Physical safety
• Distance from the abuser at home and at work
• A place to stay and the possessions they need for the
basics of daily life
• Temporary child custody
 Physical Safety
Once a civil protection order is in place, a police officer will:
• Come with you to help you return safely home
or another place like a shelter or friend’s house.
• Prevent the abuser from committing or
threatening any other acts of violence.
• Remove the abuser from your residence and
prevent further assault, even if you don’t own the home.
• Help you get medical help if you need it.
 Distance From the Abuser
Once a civil protection order is in place, the
,,.abuser cannot:
• Harass, call, telephone, contact, or otherwise
communicate with you.
• Go near your home, school, place of work, or
any other place named by the court where you
go often.
• Go near the home, school, or work of family
or household members specified by the court.
 Home and Essential Belongings
Once a civil protection order is in place, a police
officer will:
• Safely restore possession and use of an
automobile and other essential belongings,
regardless of who owns them.
• Help you move these belongings somewhere
else if you prefer to leave the residence.
 Child Custody and Other Support
Once a civil protection order is in place, you will immediately gain temporary
custody of your children for as long as the protection order lasts.
After notice is given to the respondent and a court hearing is held, whether
or not the respondent appears, the respondent may also be required to:
• Pay rent or make mortgage payments on the victim’s home.
• Pay child support if the respondent has this duty,
• Reimburse the victim for expenses related to the domestic violence, including medical
bills, counseling, shelter, and replacing damaged property.
• Reimburse the victim for all legal costs.
• Require supervision by a third party for all child visitations.
 Question and Answer
Disclaimer: I’m Rev. Asaua Fuimaono’s paralegal and cannot give legal advice
myself! I can refer you to him for questions about specific cases.