V.I. Code tit. 14, § 113 (2019)
2019 US Virgin Islands Code|Title 14 - Crimes|Chapter 1 - General Provisions|Subchapter VIII - Restraining Orders|§ 113. Temporary orders; Harassment Prevention Order

 (a) Upon the filing of a petition under this subchapter, the Court may enter such temporary orders as it considers necessary to protect a petitioner from harassment, including relief as provided in subsection (c) of this section. (b) If the petitioner demonstrates a substantial likelihood of immediate danger of harassment, the Court may enter such temporary relief orders without notice as it considers necessary to protect the petitioner from harassment and shall immediately thereafter notify the respondent that the temporary orders have been issued. The Court shall give the respondent an opportunity to be heard on the question of continuing the temporary order and of granting other relief as requested by the petitioner not later than 10 court business days after the orders are entered. If the respondent does not appear at the subsequent hearing, the temporary orders continues in effect without further order of the Court. (c) A person claiming harassment may file a petition in the Court requesting a Harassment Prevention Order. A person may petition the Court under this subchapter for an order that requires the respondent do any or all of the following: (1) refrain from abusing or harassing the petitioner; (2) refrain from contacting the petitioner, unless authorized by the Court; (3) remain away from the petitioner’s household or workplace, workspace or work area and any other personal or private property; (4) pay the petitioner monetary compensation for the losses suffered as a direct result of the harassment; the compensatory, damages must include, but are not limited to, loss of earnings, out-of-pocket losses for injuries or emotional distress sustained, or property damaged, cost of replacement of locks, medical expenses, cost for obtaining an unlisted phone number and reasonable attorney’s fees; or (5) refrain from specified behavior that the Court determines is necessary to effectuate orders described in this subsection. (d) Each Harassment Prevention Order must contain a statement in substantially the following form: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE Any violation of this order or a protection order issued by another jurisdiction is punishable by a fine of not more than $5,000, or by imprisonment for not more than 1 year or by both such fine and imprisonment. In addition to, but not in lieu of, the foregoing penalties and any other sentence, fee or assessment, the Court shall order persons convicted of a violation of such an order to pay a fine of $250 which the Court shall remit to the Commissioner of Finance for deposit into the Harassment and Violence Prevention and Treatment Fund, and may order the respondent to complete an appropriate treatment program based on the offense. (e) A Harassment Prevention Orders issued by the Court continues in effect for two years from the date of issuance. Every order must, on its face, state the time and date the order is to expire and must include the date and time that the matter will again be heard. If the petitioner appears at the Court at the date and time the order is to expire, the Court shall determine whether or not to extend the order for any additional time reasonably necessary to protect the petitioner or to enter a permanent order. When the expiration date stated on the order is on a date when the Court is closed to business, the order expires the next date that the Court is open for business. The petitioner may appear on such next court business day at the time designated by the order to request that the order be extended. The Court may also extend the order upon motion of the petitioner, for such additional time as the Court considers necessary to protect the petitioner from harassment. The fact that harassment has not occurred during the pendency of an order does not, in itself, constitute sufficient ground for denying or failing to extend the order, or allowing an order to expire or be vacated, or for refusing to issue a new order. (f) The Court may modify its order at any subsequent time upon motion by either party. However, the Court shall give the non-moving party sufficient notice and opportunity to be heard on the modification. When the petitioner’s address is inaccessible to the respondent as provided in section 118 and the respondent has filed a motion to modify the court’s order, the Court is responsible for notifying the petitioner. In no event may the Court disclose any such inaccessible address. (g) When considering a petition filed under this subchapter, the Court shall determine whether the named respondent has a civil or criminal record involving violent crimes or abuse. Upon receipt of information that an outstanding warrant exists against the named respondent, a judge shall order that the appropriate law enforcement officials are notified and shall order that any information regarding the respondent’s most recent whereabouts must be forwarded to such officials. In all instances in which an outstanding warrant exists, the Court shall make a finding, based upon all of the circumstances, as to whether an imminent threat of bodily injury exists to the petitioner. In all instances in which such an imminent threat of bodily injury is found to exist, the judge shall notify the appropriate law enforcement officials of such finding and such officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable. Whenever the Court orders that the respondent refrain from harassing the petitioner or have no contact with the petitioner, under sections 113 or 114, the Clerk or Clerk-Magistrate shall transmit: (i) to the probation office information for filing in the court activity record information system or the territory wide domestic violence recordkeeping system, or in a recordkeeping system created by the probation office to record the issuance of, or violation of, prevention orders issued pursuant to this subchapter; and (ii) two (2) certified copies of each such order and one (1) copy of the complaint and summons forthwith to the appropriate law enforcement agency which, unless otherwise ordered by the Court, shall serve one copy of each order upon the respondent, together with a copy of the complaint and order and summons. The law enforcement agency shall promptly make its return of service to the Court. The Commissioner of Police shall develop and implement a territory wide Harassment Prevention Order recordkeeping system. (h) Peace officers shall use every reasonable means to enforce Harassment Prevention Orders. The Virgin islands Police Department shall establish procedures adequate to ensure that an officer on the scene of an alleged violation of such order is informed of the existence and terms of such order. The Court shall notify the appropriate law enforcement agency in writing whenever any such order is withdrawn and shall direct the agency to destroy all record of such vacated order, and the agency shall comply with that directive.