The remedies for domestic violence in the territory are established in 16 V.I. Code Ann. The act of domestic violence is defined in language set forth in 16 V.I. Code Ann. § 91 (b). Accordingly, domestic violence means the occurrence of any attempts or threats against a person who has been subjected to domestic violence by a spouse, former spouse, parent, child, or any other person related by blood or marriage, a present or former household member, a person with whom the victim has a child in common, or a person who is or has been, in a sexual or otherwise intimate relationship. The act of domestic violence includes:
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Assault |
Coercion |
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Battery |
Destruction of Property |
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Burglary |
Harassment |
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Kidnapping |
Threats |
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Unlawful Sexual Contact |
False Imprisonment |
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Rape |
Stalking |
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Forcible or Unlawful Entry |
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One of the general purposes of the Virgin Islands domestic violence statute is to incorporate a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact. There are no fees associated with the filing of a Domestic Violence Complaint.
A victim of domestic violence may file a Domestic Violence Complaint in any judicial division where the plaintiff resides, the defendant resides, the alleged abuse occurred, or the plaintiff is temporarily located if he or she has left their residence to avoid further abuse. In accordance with 16 V.I. Ann. § 96 (d), there is a designated family clerk in each judicial district who assists the victim in completing the necessary forms for the filing of a summons, complaint and answer or other pleading. In accordance with 16 V.I. Code Ann. § 96 (c), the petitioner is not required to put their place of residence on the complaint.
Once the complaint is completed, it is then taken before a Judge. If a Temporary Restraining Order is issued, a hearing date will be set within ten (10) days of the issuance of the order.