(a) An elder or dependent adult who has suffered abuse as defined in this subchapter may seek protective orders as provided in this section.
(b) For the purposes of this section, “protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment:
(1) An order enjoining a party from abusing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of the petitioner;
(2) An order excluding a party from the petitioner's residence or dwelling, except that this order may not be issued, if legal or equitable title to, or lease of, the residence or dwelling is in the sole name of the party to be excluded, or is in the name of the party to be excluded and any other party besides the petitioner; and
(3) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in paragraph (1) or (2).
(c) An order may be issued under this section, with or without notice, to restrain any person for the purpose of preventing a recurrence of abuse, if an affidavit shows, to the satisfaction of the court, reasonable proof of a past act of abuse of the petitioning elder or dependent adult.
(d)
(1) Upon filing a petition for a protective order under this section, the petitioner may obtain a temporary restraining order in accordance with this chapter. The temporary restraining order may include any of the protective orders described in subsection (b). However, the court may issue an ex parte order excluding a party from the petitioner's residence or dwelling only on a showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises;
(B) That the party to be excluded has assaulted or threatens to assault the petitioner; and
(C) That physical or emotional harm would otherwise result to the petitioner.
(2) In the case in which a temporary restraining order is granted without notice, the matter must be made returnable on an order requiring cause to be shown why a permanent order should not be granted, on the earliest day that the business of the court will permit, but not later than 20 days or, if good cause appears to the court, 25 days from the date the temporary restraining order is granted, unless the order is otherwise modified or terminated by the court.
(e) In the discretion of the court, an order issued after notice and a hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed upon the request of a party, either for three years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The failure to state the expiration date on the face of the form creates an order with duration of three years from the date of issuance.
(f) Upon the filing of a petition for protective orders under this section, the respondent must be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any affidavits in support of the petition. Service must be made at least two days before the hearing. The court may, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(g) The court may, upon the filing of an affidavit by the applicant that the respondent could not be served within the time required by statute, reissue an order previously issued and dissolved by the court for failure to serve the respondent. The reissued order must be made returnable on the earliest day that the business of the court will permit, but not later than 20 days or, if good cause appears to the court, 25 days from the date of reissuance. The reissued order must state on its face the date of expiration of the order.
(h)
(1) If the person named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order, but the person does not appear at the hearing, either personally or by counsel, and the terms and conditions of the restraining order or protective order, are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(2) The order must include the following language:
NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE HEARING WHERE THE ORDER WAS ISSUED. IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING THAT DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON YOU BY MAIL AT THE FOLLOWING ADDRESS --------. IF THAT ADDRESS IS NOT CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE COURT AT --------.(i)
(1) The court shall order the petitioner or the attorney for the petitioner to deliver, or the clerk of the court to mail, a copy of an order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each local law enforcement agency designated by the petitioner or the attorney for the petitioner having jurisdiction over the residence of the petitioner, and to any additional law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and status of these orders to law enforcement officers responding to the scene of reported abuse.
(2) An order issued under this section must, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported abuse involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service, which the officer shall complete and send to the issuing court.
(3) Upon receiving information at the scene of an incident of abuse that a protective order has been issued under this section, or that a person who has been taken into custody is the respondent to that order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(4) If the law enforcement officer determines that a protective order has been issued, but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order constitutes service of the order and is sufficient notice for the purposes of this section.
(j) Nothing in this section precludes either party from representation by private counsel or from appearing on the party's own behalf.
(k) There is no filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order filed in a proceeding brought pursuant to this section.
(l)
(1) Fees otherwise payable by a petitioner to a law enforcement agency for serving an order issued under this section may be waived in any case in which the petitioner has requested a fee waiver on the initiating petition and has filed a declaration that demonstrates, to the satisfaction of the court, the financial need of the petitioner for the fee waiver. The declaration required by this subsection must be on one of the following forms:
(A) The rules adopted by the Superior Court of the Virgin Islands for litigants proceeding in forma pauperis, but the petitioner is not subject to any other requirements of litigants proceeding in forma pauperis; or
(B) Any other form that the Superior Court of the Virgin Islands may adopt for this purpose pursuant to subsection (o).
(2) In conjunction with a hearing under this section, the court may make an order for the waiver of fees otherwise payable by the petitioner to a law enforcement agency for serving an order issued under this section.
(m) The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any.
(n)
(1) An order issued pursuant to this section must prohibit the person subject to it from owning, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm.
(2) Paragraph (1) does not apply to a cause of action based solely on financial abuse unaccompanied by force, threat, harassment, intimidation, or any other form of abuse.
(3) The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess.
(4) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm while the protective order is in effect, in violation of 23 V.I.C. § 456a(a)(8), is subject to punishment under title 14 V.I.C. § 2253.
(o) Orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation thereof and by issuance of a warrant to take the alleged violator into custody and bring the violator before the court.
(p) The Superior Court of the Virgin Islands shall promulgate forms, instructions and rules for service of process, scheduling of hearings, and any other matters required by this section. The petition and response must be simple and concise.