| Criteria for obtaining a
Domestic Violence Restraining Order To obtain a domestic violence restraining order you must fulfill
both of the following criteria:
1. An Act Of Domestic
Violence Must Have Occurred.
Any of the acts described below would
fulfill this requirement.
- Emotional/Verbal Abuse: may include threats,
name-calling, words that hurt or humiliate, harassment, isolation, or stalking.
- Physical Abuse: May include slapping,
kicking, shaking, punching, choking, beating, or any other bodily injury.
- Sexual Abuse: may include unwanted acts,
touching, forcing an adult or child to engage in sexual acts again his or her will (even
if this is done by your husband or wife). Sexual abuse includes rape or incest.
- Economic/Property Abuse: may include making
you financially dependent by controlling your money, destroying your property, stealing
your property, or harming your pets.
2. The Domestic Violence Was Committed By Any Of The Following
People.
- Your former or present partner
- Your blood or marriage relative
- A past or present member of your household
- The mother/father of your child
- A person who is, or has been, in a sexual or
otherwise intimate relationship with you
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What is a Temporary
Restraining Order (TRO)?
A Temporary Restraining Order (TRO)
protects you from the time you request it until the time of the permanent restraining
order (PRO) hearing, which is required by law to occur within ten (10) days.
What you need to do to get a
TRO
- Go the Family Division of the Territorial
Court to request a TRO. Try to take somebody with you or call the Women Coalition on St.
Croix, the Family Resource Center on St. Thomas, or the Safety Zone on St. John for
assistance. (telephone numbers listed below).
- Explain to the Family Law Clerk why you need
protection. You and the Clerk will fill our the form requesting an order of protection. Be
as complete and detailed as possible.
- You can request that the judge order any or
all of the following in your TRO:
Prohibit your
abuser from committing domestic violence against you;
Order your
abuser to leave your residence and prohibit your abuser from having any contact with you;
Grant you
temporary possession of your residence;
Grant you
temporary child custody and child support;
Order your
abuser to receive counseling and pay your medical expenses.
- If the judge feels you need protection you
will be given a TRO or PRO hearing date.
- Certain violations of the TRO are a crime.
Keep a copy of your TRO with you at all times. Call the police if your abuser violates any
part of the TRO.
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What is a Permanent Restraining Order
(PRO)?
A Permanent Restraining Order (PRO)
provides protection to you for a period of two years. A PRO can only be issued after a
court hearing before a judge. Your abuser must receive notice of the hearing and be given
an opportunity to be heard.
What
you need to do to get a PRO
- Call the Women's Coalition on St. Croix, the
Family Resource Center on St. Thomas, the Safety Zone on St. John or Legal Services (telephone numbers listed
below) if you have any questions before your hearing.
- Gather together any evidence of abuse.
These items are not mandatory, but will help substantiate your request for a PRO:
police reports; hospital records; photographs of bruises and injuries, ripped clothing;
damaged property.
- Try to persuade any persons who witnessed
the abuse to come with you for the hearing.
- Write down a description of the abuse and
what you want the judge to do about the abuse. You can use your written notes when you
testify in court.
- Go to the Court at least 15 minutes before
the scheduled hearing time. You may bring an adult with you for support. Avoid contact
with our abuser at the courthouse and tell a marshal at the courthouse if your abuser is
harassing you.
- Look for the Women's Coalition advocate at
court. The advocate is available to answer questions you may have about the legal
process, and provide moral support.
- Certain violations of PROs are criminal
offenses. It is a crime for your abuser to violate your PRO by assaulting you; contacting
you; or harassing you, your friends or your relatives. If your abuser violates the
PRO in any of these ways, you should call the police. If your abuser violates parts of the
order, such as failing to pay child support you should go to the Family Division of the
Territorial Court and file a complaint asking your abuser to be found in contempt of
court.
Through the Violence Against Women Act, a
federal law that helps protect victims of domestic violence from their abusive spouse or
intimate partner, you can get additional protection that will help make you more safe.
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If you know your abuser owns a firearm, it
is important that you tell a judge.
When you ask the judge for a restraining
order, you can also ask that your abuser not be allowed to purchase, receive, or possess a
firearm.
If the judge finds that your abuser is a
police officer, the judge cannot prohibit the possession of their police-issued weapon,
but personal weapons can be prohibited.
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Enforcement of PRO's in the United
States
- If you must travel outside of the Virgin
Islands to another state to get away from your abuser, take your PRO with you; it is valid
everywhere in the United States.
- Notify the police in your new state that you
have a restraining order from a different jurisdiction.
- You may also want to register your
restraining order with the court in your new location.
- Restraining orders from other states are
valid in the Virgin Islands as long as your abuser received notice of the order and was
given an opportunity to be heard by the court.
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