§ 1472. Definitions
As used in this chapter: (1) “Stalking” means purposely and repeatedly following another person and engaging in a course of conduct or making a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily harm or injury and causing emotional distress. (2) “Credible threat” means an explicit […]
§ 1473. Procedural requirements
(a) An adult person who is a victim of stalking may seek relief under this chapter by filing with the Magistrate Division of the Superior Court a verified petition on a form provided by the court. A verified petition must allege sufficient facts to establish the following: (1) The name of the stalking victim; (2) […]
§ 1474. Hearing, temporary orders
(a) Prior to a hearing, upon good cause shown, the court on motion of a party may enter such temporary relief orders as it considers necessary. (b) No later than 10 days after the petition is filed under section 1473, a hearing must be held at which the parties shall have an opportunity to present […]
§ 1475. Orders, duration of orders and costs
(a) The Superior Court may issue a protection from stalking order granting any or all of the following relief: (1) Restraining the defendant or anyone acting on behalf of the defendant from following, harassing by personal, telephonic, or computerized contact, or by any other form of communication with the victim. (2) Restraining the defendant or […]
§ 1476. Notice of Protection Orders
A copy of all protection from stalking orders issued pursuant to this chapter must be served upon the parties, and copies provided to the Virgin Islands Police Department.
§ 1471. Short title and declaration of purpose
(a) This chapter may be cited as “The Virgin Islands Civil Procedure for Victims of Stalking Act” and its general purposes are to: (1) Assure that victims of stalking are granted the maximum protection from abuse that the law can provide; (2) Create a flexible and speedy remedy to discourage violence and harassment against individuals […]
§ 1421. Proceedings and orders reviewable
Any party to any proceeding before or by any officer, board, commission, authority, or tribunal may have the decision or determination thereof reviewed for errors therein as prescribed in this chapter and rules of court. Upon the review, the court may review any intermediate order involving the merits necessarily affecting the decision or determination sought […]
§ 1422. Grounds for writ
The writ of review shall be allowed in all cases where there is no appeal or other plain, speedy, and adequate remedy, and where the officer, board, commission, authority, or tribunal in the exercise of his or its functions appears to have exercised such functions erroneously, or to have exceeded his or its jurisdiction, to […]
§ 1423. Powers of court on review; appeal
Upon the review provided for in this chapter the court shall have power to affirm, modify, reverse, or annul the decision or determination reviewed, and, if necessary, to award restitution to the plaintiff, or, by mandate, direct the officer, board, commission, authority, or tribunal to proceed in the matter reviewed according to its decision. From […]
§ 1451. Damages where contributory negligence has been proven
(a) In any action based upon negligence to recover for injury to person or property, the contributory negligence of the plaintiff shall not bar a recovery, but the damages shall be diminished by the trier of fact in proportion to the amount of negligence attributable to the plaintiff. The burden of proving contributory negligence shall […]