Whoever

(1) with intent to commit murder, assaults another;

(2) with intent to kill, administers or causes to be administered to another, any poison or other noxious or destructive substance or liquid, and death does not result;

(3) with intent to commit rape, sodomy, mayhem, robbery or larceny, assaults another; or

shall be imprisoned not more than 15 years;

(4) commits an act under paragraphs (1) or (2) or (3) of this section in an act of domestic violence as defined in Title 16 Virgin Islands Code, chapter 2, section 91(b) shall be sentenced to not less than 2 years and not more than 20 years and shall be fined not less than $1,000.

(a) Whoever, under circumstances not amounting to an assault in the first or second degree

(1) assaults another person with intent to commit a felony;

(2) assaults another with a deadly weapon;

(3) assaults another with premeditated design and by use of means calculated to inflict great bodily harm;

(4) assaults another and inflicts serious bodily injury upon the person assaulted; or whoever under any circumstances;

(5) [Deleted.]

shall be fined not less than $500 and not more than $3,000 or imprisoned not more than 5 years or both.

(b) Whoever, under circumstances not amounting to an assault in the first or second degree assaults a peace officer in the lawful discharge of the duties of his office with a weapon of any kind, if it was known or declared to the defendant that the person assaulted was a peace officer discharging an official duty, shall be fined not less than $2,000 and not more than $10,000, or imprisoned not more than 10 years, or both.

(a) Whenever there is a restraining order or injunction issued by a court of competent jurisdiction enjoining one person from harassing another person, and the person so enjoined is convicted of the crime as set forth in section 465 for actions against the person protected by the court order or injunction, he or she shall be guilty of a felony which shall be punishable by imprisonment for not more than two (2) years, or by a fine of not more than six thousand dollars ($6,000), or both.

(b) A second or subsequent conviction under subsection (a) of this section shall be punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both.

Whoever, with intent to harass or alarm another person

(1) communicates with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to harass or alarm; or

(2) makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication, is guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 1 year, or both.

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person-

(1) when through idiocy, imbecility or any unsoundness of mind, either temporary or permanent, the person is incapable of giving consent, or, by reason of mental or physical weakness or immaturity or any bodily ailment, the person does not offer resistance;

(2) when the person’s resistance is forcibly overcome;

(3) when the person’s resistance is prevented by fear of immediate and great bodily harm which the person has reasonable cause to believe will be inflicted upon the person;

(4) when the person’s resistance is prevented by stupor or weakness of mind produced by an intoxicating, narcotic or anaesthetic agent, or when the person is known by the defendant to be in such state of stupor or weakness of mind from any cause;

(5) when the sexual penetration is accomplished by fraud; or

(6) when the person is, at the time, unconscious of the nature of the act and this is known to the defendant-

is guilty of rape in the first degree and shall be imprisoned not less than 10 years nor more than 30 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, imposition or execution of this ten-year minimum period of incarceration shall not be suspended; neither shall probation, parole, or any other form of release be granted for this minimum period of incarceration.

(b) Whoever is convicted of a second or subsequent offense of rape in the first degree shall be punished by imprisonment for life or for any term of years, but not less than 10 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, imposition or execution of the ten-year minimum period of incarceration shall not be suspended; neither shall probation, parole, or any other form of release be granted for this minimum period of incarceration.(c) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code.

(a) Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court pursuant to Title 4, Chapter 11, Virgin Islands Code. In lieu of a term of detention, the court, in its discretion, may recommend appropriate treatment, counseling or family planning.

(b) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code.

(a) A person over eighteen years of age who engages in sexual contact with a person who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year.

(b) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code.

As used in this chapter:

(a) ‘Stalking‘means purposely and repeatedly following another pers on 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.

(b) ‘Credible threat‘means an explicit or implicit threat made with the intent and the apparent ability to carry out the threat, so as to cause the targeted person to reasonably fear for personal safety or the safety of a family member.

(c) ‘Course of conduct‘means an act that happens more than once, ho wever brief, within a year, directed at a specific person, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress; which includes but is not limited to the stalker?s directly or i ndirectly, by any action, method or device, following, monitoring, observing, pursuing, threatening or communicating to or about a person or interfering with a person?s property.

(d) ‘Harassment‘means engaging in a knowing and intentional course of conduct directed at a specific person which alarms annoys torments or terrorizes the person and would cause a reasonable person to suffer emotional distress.

(e) ‘cyberstalk‘means to communicate, or to cause to be communicate d, words, images, or language through the use of electronic mail or electronic communication directed to a specific person which serves no legitimate purpose, but causes that person substantial emotional distress.

(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 U.S. Virgin Islands Police Department and law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent further incidents of abuse;
(4) Develop a greater understanding within the United States Virgin Islands community of the incidences and causes of domestic violence through data collection;
(5) Facilitate equal enforcement of the criminal laws of the Territory by deterring and punishing violence against family members and others who are personally involved with the offenders; and
(6) Recognize that battering is a serious crime which will no longer be excused or tolerated.

(b) This chapter shall be liberally construed to promote the general purpose stated in this section.

.

(a) The U.S. 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 priority shall not be assigned to calls involving alleged incidents of abuse or violations of orders relative to domestic violence than is assigned in responding to like offenses involving strangers. Existence of any of the following factors shall be interpreted by police dispatchers as indicating a need for immediate response:

(1) The caller indicates that violence is imminent or is in progress;
(2) An order relative to domestic violence is in effect; or
(3) The caller indicates that incidents of domestic violence have occurred previously between the parties.

(c) If the police or other law enforcement officer has reason to believe that a person is a victim of domestic violence, the officer shall use all reasonable means to prevent further domestic violence and to ensure the victim’s safety including:

(1) exercising arrest powers pursuant to section 94 of this chapter;
(2) attempting to persuade the offender to leave the household if there is not probable cause to make an arrest and the victim perceives continuing danger;
(3) filling out and filing a domestic violence report as provided by section 93 of this chapter;
(4) interviewing the parties and children in separate rooms to ensure that the victim, as well as the children, have an opportunity to speak freely;
(5) providing or arranging for transportation for the victim to a safe place or shelter, if such transportation is desired;
(6) interviewing the children regarding the facts of the assault;
(7) providing or arranging transportation for the victim to the nearest hospital or medical facility for treatment of injuries, if such treatment is needed or desired;
(8) reading to the victim, the oral statement of rights as provided under section 92 of this chapter and written information about the nearest shelter or other agency providing service to victims of domestic violence;
(9) advising the victim of the importance of preserving evidence and of the types of evidence that should be preserved;
(10) taking photographs of any visible injuries or property damage whenever necessary or appropriate;
(11) remaining on the scene of an incident of domestic violence as long as the victim remains in danger;
(12) accompanying the victim to a previous residence to remove personal belongings; and
(13) supervising the court ordered removal of an abuser from a residence shared with a victim.

(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 Department of Justice and the Clerk of the Court of the Family Division of the Superior Court within five (5) days of the alleged incident.
 

(b) The Domestic Violence Report shall be on a form prescribed by the Police Commissioner which shall include, but not be limited to, the following information:
 

(1) The relationship of the parties;
 

(2) The sex of the parties;
 

(3) The time and date the complaint was received;
 

(4) The time the officer began investigation of the complaint;
 

(5) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children;
 

(6) The type and extent of abuse;
 

(7) The number and type of weapons involved;
 

(8) The amount of time involved in handling the case and the action taken by the police officer;
 

(9) The effective date and terms of an Order issued pursuant to this chapter concerning the parties; and
 

(10) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence.
 

(c) It shall be the duty of the Police Commissioner to compile and report annually to the Governor and the Legislature on the data tabulated from the Domestic Violence Reports. The report shall include, but not be limited to, the following information:
 

(1) The total number of domestic violence calls received;
 

(2) The number of calls made by victims of each sex;
 

(3) The number of domestic violence calls investigated;
 

(4) The average time-lapse in responding to these calls;
 

(5) The types of police actions taken in disposition of these cases, including the number of arrests.
 

(d) The Police Commissioner shall establish procedures to insure that dispatchers and officers at the scene of an alleged incident of domestic violence are informed of any verified Order issued pursuant to this chapter and in force concerning the parties, or of any prior recorded incident of domestic violence involving the parties.
 

(e) The Police Commissioner shall establish, within the Virgin Islands Police Department, a Domestic Violence Unit which will be responsible for insuring that all incidences of domestic violence are properly prosecuted and that the provisions of this chapter are strictly adhered to.
 

(f) The Clerk of the Court of the Family Division of the Superior Court shall forward certified copies of all protective orders to all police zone commands within the island on which the victim resides within one business day of issuance of the order.

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 court order, or action taken during the transportation of the victim to a shelter, hospital, or other safe place.

(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 Order granting any or all of the following relief:

(1) An Order prohibiting the defendant from subjecting the plaintiff to domestic violence, as defined in section 91(b).
(2) An Order prohibiting the defendant from having contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff’s residence, place of employment or business, or school. The Court shall prohibit the defendant from harassing the plaintiff or the plaintiff’s relatives in any way.
(3) An Order granting possession of the residence to the plaintiff and excluding the defendant when the residence or household is jointly owned or leased by the parties. No Order shall affect any interest in the residence held by either party, but the Court may prohibit the defendant from transferring, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties. Sole ownership in the name of the defendant of the real property constituting the residence of the parties shall not bar the Court from issuing an Order restraining the defendant from entering the residence. When the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is sole owner or lessee of the residence, an Order granting possession of the residence or household to the plaintiff and excluding the defendant may be issued or, upon consent of the parties, the defendant may be allowed to provide suitable, alternate housing for the plaintiff. The Court may amend its Order at any time upon petition by either party. Upon the issuance of an Order pursuant to the aforesaid paragraph, the Court may order a police officer or marshal to accompany either party to the residence to supervise the removal of personal belongings in order to insure the safety of the plaintiff.
(4) An Order determining temporary child support or child custody, or establishing visitation rights, provided that these issues have not been resolved nor are being litigated between the parties. The Court may protect the safety of the plaintiff by specifying a place of visitation away from the plaintiff or take any other appropriate precaution necessary to protect the safety and well-being of the plaintiff and minor children.
(5) An Order requiring the defendant to pay monetary compensation for losses suffered as a direct result of the act of domestic violence. Compensatory losses shall include, but not be limited to, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses and reasonable attorney’s fees.
(6) An Order granting the plaintiff temporary possession of specified personal property, such as automobiles, checkbooks, keys, and other personal effects.
(7) An Order requiring the defendant to receive professional counseling or other appropriate treatment from either a private source or a source appointed by the Court and, in the Court’s discretion, requiring the defendant to provide the Court at specified intervals with documentation of attendance at the professional counseling or treatment center.

(c) Violation of an Order issued pursuant to this chapter shall constitute contempt and each Order shall so state.

(d) Any Order issued under this section shall be effective for a fixed period not to exceed twenty-four months, except that such Order may be extended, renewed, or modified by Order of the Court upon good cause shown.

(e) In addition to any other provision of law, violation of an order issued pursuant to section 97(b)(2) or section 98 of this chapter shall constitute the crime of domestic violence, and whoever willfully violates such an order shall be guilty of a misdemeanor and shall be fined not more than $5,000 and imprisoned for not more than 180 days.

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 following factors:

(1) the degree of injury to the victim;

(2) the defendant’s history of domestic violence as documented by police reports, other credible reports;

(3) the use or threatened use of a weapon;

(4) the potential threat to the alleged victim or other family or household member;

(5) the potential threat to the public; and

(6) the likelihood that the defendant will appear for trial.

(b) A person arrested for or charged with a crime that constitutes domestic violence shall be admitted to bail as follows:

(1) one thousand dollars with no 10% provision, if the defendant has no prior conviction for domestic violence, and the use or threatened use of a weapon was not involved and there is no reason to believe that the crime for which the person was arrested resulted in substantial bodily harm; or

(2) five thousand dollars and no 10% provision, if the person has:

(A) no previous conviction for domestic violence and the use or threatened use of a weapon was not involved, but there is reason to believe that the crime for which the person was arrested resulted in substantial bodily harm; or

(B) one previous conviction for domestic violence, and the use or threatened use of a weapon was not involved, and there is no reason to believe that the crime for which the person was arrested resulted in substantial bodily harm; or

(3) fifteen thousand dollars with no 10% provision, if the person has:

(A) no previous convictions for domestic violence, but the use or threatened use of a weapon was involved; or

(B) one previous conviction for domestic violence and there is reason to believe that the crime for which the defendant was arrested resulted in substantial bodily hue; or

(C) one previous conviction for domestic violence and the use or threatened use of a weapon was involved; or

(D) the defendant has two or more conviction for domestic violence.

(c) When a defendant charged with a crime or offense involving domestic violence is released from custody before trial on bail or personal recognizance, the Court authorizing the release may as a condition of release issue an Order prohibiting the defendant from having any contact with the victim, including, but not limited to, restraining the defendant from entering the victim’s residence, place of employment or business, or school, and from harassing the victim or victim’s relatives in any way, prohibiting the defendant from using or possessing a firearm or any other weapon, from possessing or consuming any alcohol or controlled substances and by imposing any other order required to protect the safety of the alleged victim or to ensure the defendant’s appearance in court. The Clerk of the Court, or other person designated by the court, shall provide a copy of this Order to the victim forthwith.

(d) When a defendant is found guilty of a crime or offense involving domestic violence and a condition of sentence restricts the defendant’s ability to have contact with the victim, that condition shall be recorded in an Order of the Court and a written copy of that Order shall be provided to the victim by the Clerk of the Court or other person designated by the Court.

(e) Upon conviction of a crime or offense involving domestic violence, the Court may require, in lieu of or in addition to a term of incarceration, that the defendant receive professional counseling or other appropriate treatment from either a private source or a source appointed by the Court, and the Court shall require the defendant to provide documentation of attendance at the professional counseling or treatment center.

(f) In criminal actions for domestic violence, the prosecuting attorney shall charge in the information that the alleged act is an act of domestic violence.

(g) Upon a conviction for a domestic violence offense the judgment shall so indicate.

(h) In criminal actions for domestic violence, a defendant charged for the first time in the United States Virgin Islands with a misdemeanor domestic violence offense shall have the right, within 30 days of arraignment, to plead guilty and receive the deferred sentence described and set forth in section 99a of this chapter, if such defendant waives in writing any rights he might otherwise have to a speedy disposition of the case at issue, unless the prosecutor or the Court files a written objection. The Court shall notify such defendant of the right to a deferred sentence at the arraignment.

(i) If the prosecutor files a timely written objection, the defendant shall not be entitled to the deferred sentence set forth in section 99a of this chapter. The Court, or prosecutor, shall object if the victim requests. The Court and prosecutor may consider the following factors in determining whether to offer a deferred sentence:

(1) the relative severity of the victim’s injuries, if any;

(2) the prior criminal history of the defendant;

(3) the history of previous incidents of domestic violence, if any, as related by the victim;

(4) the degree to which the defendant demonstrates motivation to participate in counseling and to stop acts of domestic violence; and

(5) the availability of a counseling or treatment program willing to accept the defendant, and the intensity of such program.

(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 victims and batterers;
(4) the legal duties imposed upon police officers to make arrests and to offer protection and assistance; and
(5) techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and promote the safety of the victim.

(b) Training shall stress the enforcement of criminal law in domestic violence cases and the use of community resources. Law enforcement agencies and community organizations shall cooperate in all aspects of the training. Representatives of shelters or other community groups shall be invited to assist in planning and presentation of training.

(c) Basic training completed by police cadets prior to permanent appointment shall include no less than twenty hours of training in responding to domestic violence cases.

(d) Advanced annual twelve-hour in-service training programs for all police officers shall include sessions on responding to domestic violence cases. The primary purpose of these sessions will be to familiarize officers with this chapter, as amended.

(a) In an action for the dissolution of the marriage contract or for a legal separation the plaintiff therein must be an inhabitant of the Virgin Islands who is domiciled therein at the commencement of the action and who has resided therein continuously and uninterruptedly for at least six weeks prior thereto, which residence shall be sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or the cause of action arose. Evidence of the six weeks residence as aforesaid shall be presumptive proof of domicile.

(b) For the purposes of this section, any person who is serving with the United States Army, Navy, Marine Corps, Coast Guard or Air Force or the Merchant Marines, and who was a resident of the Virgin Islands at the time of his entry into military service or the Merchant Marines, shall be deemed to have continuously resided in this territory during the time he is serving with the Armed Forces or Merchant Marines.

(a) Whenever a marriage is declared void or dissolved the court may, without regard to any determination that the breakdown of the marriage was the fault of one party or the other, further decree:
 

(1) for the future care and custody of minor children of the marriage as it may deem just and proper, having due regard to the age and sex of such children and giving primary consideration to the needs and welfare of such children;
 

(2) for the recovery from the party not granted care and custody of such children such an amount of money, in gross or in installments, as may be just and proper for such party to contribute toward the nurture and education thereof;
 

(3) for the recovery for a party determined to be in need thereof an amount of money in gross or in installments, as may be necessary for the support and maintenance of such party;
 

(4) for the delivery to the wife of her personal property in the possession or control of the husband at the time of giving the judgment;
 

(5) for the appointment of one or more trustees to collect, receive, expand, manage, or invest, in such manner as the court shall direct, any sum of money necessary for the maintenance of the wife or the nurture and education of minor children committed to her; or
 

(6) to change the name of the wife.
 

(7) for the award to the parties of all marital property, in accordance with principles of equitable distribution. For purposes of this paragraph, ‘marital property‘ means all real and personal property acquired by either spouse subsequent to the marriage, except:
 

(A) Property acquired by gift, bequest, devise, or descent;
 

(B) Property acquired in exchange for property acquired prior to the marriage, or in exchange for property acquired by gift, bequest, devise, or descent;
 

(C) Property acquired by a spouse after a decree of legal separation;
 

(D) Any judgment or property obtained by judgment awarded to a spouse from the other spouse;
 

(E) Property excluded by valid, written agreement of the parties; and
 

(F) Income from property acquired by a method listed in subparagraphs (A) through (E), if the income is not attributable to the personal effort of a spouse.
 

(b) Determination raises rebuttable presumption that child reside with parent not perpetrator or legal guardian. In determining the future care and custody of minor children under subsection (a), a determination by the court that the domestic violence has occurred raises a rebuttable presumption that it is in the best interest of the child to reside with the parent who is not the perpetrator of domestic violence in the location of that parent’s choice, within or outside the territory or with a legal guardian. This presumption shall also apply when a parent has been convicted for the death of the other parent, or when the child has been conceived by rape.
 

(c) Factors court must consider. In addition to the other factors that the court considers in determining the custody of a child or visitation by a parent, and where the court has made a finding of domestic violence, the court shall consider each of the following:
 

(1) The safety and well-being of the child and of the parent who is the victim of domestic violence.
 

(2) The perpetrator’s history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault, to another person.
 

(3) If a parent is absent or relocates because of an act of domestic violence by the other parent, the absence or relocation may not be a factor that weighs against the parent in determining the custody or visitation.
 

(d) Visitation by parent who committed violence.
 

(1) A court may award visitation by a parent who committed domestic violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic violence can be made. In a visitation order, a court may take any of the following actions:
 

(A) order an exchange of the child to occur in a protected setting;
 

(B) order visitation supervised in a manner to be determined by the court:
 

(C) order the perpetrator of domestic violence to attend and complete to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of visitation;
 

(D) order the perpetrator of domestic violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation;
 

(E) order the perpetrator of domestic violence to pay a fee to defray the cost of supervised visitation;
 

(F) Prohibit overnight visitation;
 

(G) Require a bond from the perpetrator of domestic violence for the return and safety of the child; and
 

(H) Impose any other condition that is considered necessary to provide for the safety of the child, the victim of domestic violence, or other family or household member.
 

(2) Whether or not visitation is allowed, the court may order the address of the child or the victim of domestic violence to be kept confidential.
 

(3) The court may refer, but may not order an adult who is a victim of domestic violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic violence as a condition of receiving custody of a child, or as a condition of visitation.
 

(4) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.
 

(e) Domestic violence defined. For purposes of this section, domestic violence means domestic violence as defined in title 16 Virgin Islands Code, chapter 2, section 91, subsections (b) and (c).

This chapter is known as and may be cited as ‘The Virgin Islands Grandparents’ Visitation Rights Act’.

For purposes of this chapter, the term, ‘grandparent’ means (1) the biological or adoptive parent of either parent of the minor child, including (2) a biological grandparent of a child adopted by a stepparent, or another relative of the child, including a stepparent of the minor child’s parent, where a substantial relationship exists between the other relative and the child, and visitation means visitation that is supervised or unsupervised depending on the circumstances of every case and as determined by the court.

The court may grant a grandparent reasonable rights of visitation or access to a minor child upon finding that the rights of visitation or access are in the best interest of the child and would not significantly interfere with any parent-child relationship or with the parent’s rightful authority over the child. In applying this standard, the court shall consider the following factors:

(a) Whether such visitation would be in the best interest of the child;

(b) Whether such visitation would interfere with any parent-child relationship or with a parent’s authority over the child;

(c) The nature of the relationship between the grandparent and the minor child, including but not limited to, the frequency of contact, and whether the child has lived with the grandparent and length of time of such residence, and the motivation of the grandparent and capacity to give the child love, affection and guidance;

(d) Whether there is reasonable cause to believe that the child’s physical or emotional health would be endangered by such visitation or lack of it;

(e) The nature of the relationship between the grandparent and the parent of the minor child, including friction between the grandparent and the parent, and the effect such friction would have on the child;

(f) The age of the child;

(g) The circumstances that resulted in the absence of a nuclear family, whether by divorce, death, relinquishment or termination of parental rights, or other cause;

(h) The recommendation regarding visitation made by any guardian ad litem appointed for the child or by a child welfare agency;

(i) Any preference or wishes expressed by the child, if the child is of sufficient age and maturity to express a meaningful preference; and

(j) Any such other factors as the court may find appropriate or relevant to the petition for visitation.

The visitation rights granted to grandparents under this chapter do not apply in cases where the grandparent’s access to the minor child has been restricted for any reason prior to or contemporaneous with the divorce, death, relinquishment or termination of parental rights, or other cause of the absence of a nuclear family.

(a) The following persons are ineligible for a license to possess or carry a firearm or ammunition as provided in this chapter:

(1) a person who has been convicted in any court for a crime punishable by imprisonment for a term exceeding one year;

(2) a person who is a fugitive from justice;

(3) a person who is an unlawful user of or addicted to any controlled substance as defined in title 19, section 593(6) of the Virgin Islands Code;

(4) a person who has been adjudicated as a mental defective or who has been committed to a mental institution:

(A) For the purpose of this section the phrase ‘committed to a mental institution‘ includes commitment to a mental institution involuntarily, but does not include a person held in a mental institution for observation.

(B) For the purpose of this section, the phrase ‘mental institution‘ includes behavioral health facilities, mental hospitals, sanitariums, psychiatric facilities and other facilities that provide diagnoses by licensed professionals for mental retardation or mental illness, including a psychiatric ward in a public or private hospital.

(5) a person who, being an alien, is illegally or unlawfully in the United States;

(6) a person who has been discharged from the United States Armed Forces under dishonorable conditions;

(7) a person who, having been a citizen of the Unites States, has renounced his citizenship;

(8) a person who is subject to a court order that-

(A) was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

(B) restrains the person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)

(i) includes a finding that the person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) a person who has been convicted in any court of a misdemeanor crime of domestic violence.