Restraining Orders

Both a temporary restraining order) and a permanent restraining order) can:

1. order the abuser:

• to not commit any act of domestic violence against you, as defined here;
• to have no contact with you;
• to stay away from your home, workplace, business, or school;
• not to harass you or your relatives in any way;
• to give you possession of the home and exclude the abuser from the home (if you both jointly own or lease the home); if the abuser is the sole owner or lessee, s/he can still be excluded from the home if s/he has a duty to support you or your children who are living in the home – or, if you both agree, the abuser can provide you with alternate (other) housing;
• not to sell or get rid of property that you own or lease together;
• to be escorted into your home to get his/her things by a police officer or marshal (or you can be escorted by the police to remove your personal belongings);
• to pay you for any losses you have suffered as a result of the domestic violence (including paying money you lost due to injuries, moving expenses, your attorney’s fees, and loss of earnings); and/or
• to seek counseling or attend a batterers’ treatment program; and

2. grant you:

• temporary child custody (and establish visitation rights while taking necessary steps to protect the safety of you and your children);
• temporary child support;
• temporary possession of any personal property you need (such as car, checkbook, keys, etc.).¹

Whether the judge orders these things or not depends on the facts of your case.

¹ VI ST T. 16 §§ 97(b); 98(b)