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U.S. VIRGIN ISLANDS : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

The Virgin Islands defines domestic violence as the attempt, threat, or act of:

• Assault
• Battery
• Burglary
• Kidnapping
• Unlawful sexual contact
• Rape
• Forcible or unlawful entry
• Forcing you to do something you don't want to do
• Destruction of property
• Harassment
• Threats
• False imprisonment
• Stalking
• Violation of a restraining order

You can get a TRO or PRO against:

• your current or former spouse a parent a child an individual with whom you have a child in common anyone who lives in your home or has lived in your home any other person related to you by blood or marriage or
• a person who you have been or are in a sexual or intimate relationship with

You can get a restraining order against a same-sex partner who has been a household member of yours or who you have had a sexual or otherwise intimate relationship with. However, judges do not always rule consistently in these cases. Please talk to someone at a local domestic violence organization for help determining how a judge is likely to rule in your case.

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Types of protective orders:

An Ex Parte/Temporary Restraining Order (also called a TRO)

This is a court order designed to provide you and your family members with immediate protection from your abuser. A judge may issue a TRO on the day you file for your Permanent Restraining Order if s/he believes it is necessary to protect the life, health or wellbeing of you or your child. An Ex Parte/Temporary Restraining Order is usually issued without your abuser present ("ex parte"). A TRO will protect you from the time you file until your full court hearing takes place, usually within 10 days.

A Permanent Restraining order (also called a PRO)

This offers the same type of protection as an Ex Parte/Temporary Restraining Order, but it lasts longer. You will have to have a full court hearing to get a Permanent Restraining Order. In this hearing, your abuser will have a chance to defend him/herself. A Permanent Restraining Order lasts up to two years. You can ask the court to extend the order for another year, but you must do so before it expires.

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Benefits:

Both a TRO and a PRO may order your abuser:

• to have NO contact with you to stay away from your home, workplace, business, or school not to harass you or your relatives in any way to give you possession of the home (no matter who owns it or is on the lease)
• or to provide alternative housing for you not to sell or get rid of your house be escorted into your home to get his/her things by a police officer or marshal to pay you for any losses you have suffered as a result of the domestic violence (including paying costs for injuries, moving expenses, your attorney's fees, and loss of earnings) not to purchase, receive or possess a firearm to give you temporary possession of any personal property you need (such as car, checkbook, keys, etc.)
• to seek counseling or attend a batterer's treatment program.

A TRO or PRO may also grant temporary:

• child custody child support
• visitation, including supervised visitation.

Whether the judge orders these things or not depends on the facts of your case. If your abuser does not obey the order s/he could be put in jail or be forced to pay a fine.

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Costs:

There is no filing fee to get a Restraining Order.

Although you do not need a lawyer to file for a Restraining Order, it may be to your advantage to find a lawyer. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, if you can, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

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Violations:

Through the Police or Sheriff (Criminal)

If the defendant violates the PRO, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a PRO and the defendant is violating it. If the defendant is arrested, then the District Attorney can prosecute your abuser because it is a crime to violate a PRO.

Through the Civil Court System (Civil)

You may also file for civil contempt when your abuser violates the order. The abuser is in "civil contempt" if he or she does anything that your PRO orders him or her not to do. To file for civil contempt, go to the clerk's office and ask for the forms to file for contempt of court for violation of a PRO.

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