(a) The general purposes of this chapter are to: (1) Assure victims of domestic violence the maximum protection from abuse that the law can provide; (2) Create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact; (3) Expand the ability of the […]
(a) The Virgin Islands Police Department, or other law enforcement agencies, upon request to the Department or other enforcement agency, shall respond to every request for assistance or protection, from or on behalf of a victim of alleged domestic violence, whether or not an order has been issued against the alleged abuser. (b) A lower […]
In giving notice to a victim of the victim’s rights as provided in section 91a, subsection (c), paragraph (8) of this chapter, the officer shall read the following statement aloud and provide the victim with a card bearing the same information written in both English and Spanish: “My name is Officer ____; my badge number […]
(a) It shall be the duty of a police officer, or other peace officer, who responds to a domestic violence call to complete a Domestic Violence Report, which shall be made part of and attached to the Report of Crime Against Person or Property, and to forward a copy of the entire report to the […]
(a) A police officer, or other peace officer, shall make an arrest without a warrant if the officer has probable cause to believe that a misdemeanor or felony involving domestic violence, as defined by section 91 of this chapter, has been committed by the suspect in violation of a court order or any criminal statute […]
Law enforcement agencies and peace officers shall not be liable for personal injury or property damage which occurs in the course of any good-faith effort to protect a victim of domestic violence, including, but not limited to, action taken during the course of an arrest, an attempt to separate two parties or to enforce a […]
(a) A victim may file a complaint alleging the commission of an act of domestic violence with the Family Division of the Superior Court. The complaint may be filed in any judicial division where: (1) the plaintiff resides; (2) the defendant resides; (3) the alleged abuse occurred; or (4) the plaintiff is temporarily located if […]
(a) A hearing shall be scheduled in court within 10 days of filing a complaint, provided that the defendant has received notice of the Court proceedings. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. (b) At the hearing the Court may issue an […]
(a) In addition to the relief sought in section 97 of this chapter, a plaintiff may seek emergency ex parte relief in the nature of a Temporary Restraining Order. Whenever emergency relief is sought by the plaintiff, the Clerk of the Court, or other person designated by the Court, shall immediately transmit the complaint to […]
Duties of the Court in criminal actions for domestic violence: (a) A person arrested for a crime that constitutes domestic violence must appear before a judge for bail determination. In addition to the other standard factors, a judge shall determine whether to grant bail or to detain the defendant pending trial upon review of the […]
(a) The Court shall maintain a record of those charged with a domestic violence offense in the Virgin Islands to enable the Court to determine the eligibility of an accused for a domestic violence counseling program. (b) When a defendant elects to plead guilty to a misdemeanor with a deferred sentence, the Court shall defer […]
(a) The Commissioner of the Virgin Islands Police Department shall establish and maintain an education and training program for police officers designed to acquaint them with: (1) the nature, extent, and causes of domestic violence; (2) the legal rights of and remedies available to victims of domestic violence; (3) the services and facilities available to […]
(a) An employer may not discharge, suspend or in any manner discriminate or retaliate against an employee, including, an employee who is a victim of a crime or a witness to a crime, including domestic violence for taking time off to appear in court to comply with a subpoena or other court order as a […]
(a) There is established as a separate and distinct fund within the Treasury of the Virgin Islands “the Domestic Violence Revolving Fund”. The Commissioner of Finance shall provide for the administration of the Fund, and no monies are available for expenditure except as provided in this section. (b) The Fund consists of all fines imposed […]
