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Legal Information: U.S. Virgin Islands

Statutes: Virgin Islands, U.S.

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December 2, 2019

98. Emergency relief

(a) In addition to the relief sought in section 97 of this chapter, a plaintiff may seek emergency ex parte relief in the nature of a Temporary Restraining Order. Whenever emergency relief is sought by the plaintiff, the Clerk of the Court, or other person designated by the Court, shall immediately transmit the complaint to the Family Division Judge of the Territorial Court by the close of business on the day relief is sought. When the Family Division is closed, the Territorial Court may arrange for any available judge to grant ex parte relief, upon a showing that dire emergency conditions exist.

(b) Generally, the Court may enter ex parte orders, upon good cause shown, when necessary to protect the life, health or wellbeing of a victim on whose behalf the relief is sought. Emergency relief may constitute all relief available under this chapter, together with any other appropriate relief.

(c) An Order granting emergency relief shall immediately be forwarded to the marshal of the Territorial Court for immediate service upon the defendant. Notice of the Order for emergency relief shall also be sent to the appropriate Chief of Police.

(d) A Temporary Restraining Order shall remain in effect until further action by the Court, but not for more than ten days after it has been issued; Provided, however, That on 24 hours notice to the plaintiff, the defendant may appear and move for its dissolution or modification and, in that event, the Court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.