Restraining Orders

A restraining order (also called a domestic violence restraining order or DVRO) is a civil court order that is designed to stop violent behavior and keep the abuser away from you.  There are two types of restraining orders in the U.S. Virgin Islands:

An ex parte/temporary restraining order (also called a TRO) is a court order designed to provide you and your family members with immediate protection from the abuser.  A judge may issue a temporary restraining order 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 prior notice to the abuser and without the abuser present (“ex parte”).  A temporary restraining order will protect you from the time you file until your full court hearing takes place, usually within 10 days.  Note: At any point within those 10 days, the abuser can file in court to modify or dismiss that order and the judge may hold a hearing about this issue with both you and the abuser present. However, you are only required to get 24 hours’ prior notice of that hearing.¹

A permanent restraining order (also called a PRO) offers the same type of protection as an ex parte/temporary restraining order, but it lasts longer and is generally issued after a hearing in which both you and the abuser can be present.  In this hearing, the 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.² (See How do I modify or extend my order?)

¹ VI ST T. 16 § 98(a), (b), (d)
² VI ST T. 16 § 97(a), (d)