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Know the Laws: U.S. Virgin Islands

UPDATED November 22, 2016

Moving to Another State with a Restraining Order

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If you are moving out of the Virgin Islands or are going to be out of the Virgin Islands for any reason, your restraining order can still be enforceable.

Enforcing custody provisions in another state

back to topI was granted temporary custody with my restraining order. Can I take my kids out of the state?

Maybe.  It may depend on the exact wording of the custody provision in your domestic violence restraining order.  You may have to first seek the permission of the judge before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws in the U.S. Virgin Islands, go to our VI Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance in the U.S. Virgin Islands area on our VI Where to Find Help page.

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back to topI was granted temporary custody with my restraining order. Will another state enforce this custody order?

Yes.  Custody, visitation, and child support provisions that are included in a domestic violence restraining order can be enforced across state and territory lines.  Law enforcement and courts in another state are required by federal law to enforce these provisions.*

* 18 USC § 2266

Did you find this information helpful?

WomensLaw.org would like to thank the Women's Coalition of St. Croix and the Legal Services of the Virgin Islands for their assistance with a previous version of this section.

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