(a) Upon receipt of a petition, the court shall order a hearing to be held no later than 14 days after the date of the order and shall issue a notice of hearing to the respondent for the same. The court shall provide the notice of the hearing no later than one court day after the date of the extreme risk protection order petition. The court may schedule a hearing by telephone pursuant to local court rule to reasonably accommodate a disability or, in exceptional circumstances, to protect a petitioner from potential harm. The court shall require assurances of the petitioner’s identity before conducting a telephonic hearing.
(b) Before the next court day, the court clerk shall forward a copy of the notice of hearing and petition to the law enforcement agency in the jurisdiction where the respondent resides for service upon the respondent.
(c) A copy of the notice of hearing and petition must be served upon the respondent in accordance with the rules for service of process as provided in rule 4 of the Virgin Islands Rules of Civil Procedure. Service issued pursuant to this section takes precedence over the service of other documents unless the other documents are of a similar emergency nature.
(d) The court may, as provided in section 1002, issue a temporary extreme risk protection order pending the hearing ordered under this section. Such temporary order must be served concurrently with the notice of hearing and petition as provided in section 1005.
(e) Upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, the court must issue an extreme risk protection order for a period that is considered appropriate, up to and including but not exceeding 12 months.
(f) In determining whether grounds for an extreme risk protection order exist, the court may consider any relevant evidence, including:(1) A recent act or credible threat of violence by the respondent against self or others, whether or not such violence or credible threat of violence involves a firearm;(2) A pattern of acts or credible threats of violence by the respondent within the past year, including but not limited to acts or credible threats of violence by the respondent against self or others;(3) A violation by the respondent of a Harassment Prevention Order issued pursuant to 14 V.I.C. 113.(4) A previous or existing extreme risk protection order issued against the respondent and a violation of a previous or existing extreme risk protection order;(5) A conviction of the respondent for a crime that included an underlying factual basis of domestic violence as defined in 16 V.I.C. 91, or a violation by the respondent of a restraining order issued pursuant to 16 V.I.C. 97.(6) The respondent’s ownership, access to, or intent to possess a firearm;(7) A credible threat of or the unlawful or reckless use of a firearm by the respondent;(8) The history of use, attempted use, or threatened use of unlawful physical force by the respondent against another person, or the respondent’s history of stalking another person;(9) Any prior arrest of the respondent for a crime involving a weapon or a crime against another person;(10) Evidence of the respondent’s abuse of controlled substances or alcohol;(11) Whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent’s current employment;(12) Evidence of recent acquisition of a firearm or ammunition by the respondent;(13) Any relevant information from family and household members concerning the respondent; and(14) Witness testimony, taken while the witness is under oath, relating to the matter before the court.
(1) A recent act or credible threat of violence by the respondent against self or others, whether or not such violence or credible threat of violence involves a firearm;
(2) A pattern of acts or credible threats of violence by the respondent within the past year, including but not limited to acts or credible threats of violence by the respondent against self or others;
(3) A violation by the respondent of a Harassment Prevention Order issued pursuant to 14 V.I.C. 113.
(4) A previous or existing extreme risk protection order issued against the respondent and a violation of a previous or existing extreme risk protection order;
(5) A conviction of the respondent for a crime that included an underlying factual basis of domestic violence as defined in 16 V.I.C. 91, or a violation by the respondent of a restraining order issued pursuant to 16 V.I.C. 97.
(6) The respondent’s ownership, access to, or intent to possess a firearm;
(7) A credible threat of or the unlawful or reckless use of a firearm by the respondent;
(8) The history of use, attempted use, or threatened use of unlawful physical force by the respondent against another person, or the respondent’s history of stalking another person;
(9) Any prior arrest of the respondent for a crime involving a weapon or a crime against another person;
(10) Evidence of the respondent’s abuse of controlled substances or alcohol;
(11) Whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent’s current employment;
(12) Evidence of recent acquisition of a firearm or ammunition by the respondent;
(13) Any relevant information from family and household members concerning the respondent; and
(14) Witness testimony, taken while the witness is under oath, relating to the matter before the court.
(g) A person, including an officer of the court, who offers evidence or recommendations relating to the cause of action either shall present the evidence or recommendations in writing to the court with copies to each party and his or her attorney, if one is retained, or must present the evidence under oath at a hearing at which all parties are present.
(h) In a hearing under this section, the rules of evidence apply to the same extent as in a domestic violence restraining order proceeding under title 16 of the Virgin Islands Code.
(i) During the hearing, the court must consider whether a mental health evaluation, chemical dependency evaluation or emergency commitment is appropriate and, if such determination is made, may order such evaluations, as appropriate.
(j) An extreme risk protection order must include:(1) A statement of the grounds supporting the issuance of the order;(2) The date the order was issued;(3) The date the order expires;(4) Whether a mental health evaluation, chemical dependency evaluation or emergency commitment of the respondent is required;(5) The address of the court in which any responsive pleading should be filed;(6) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns, under § 120(f); and(7) The following statement:“To the subject of this protection order: This order will last until the date noted above. If you have not done so already, you must surrender immediately to the (Virgin Islands Police Department) all firearms and ammunition that you own in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under the Virgin Islands Code. You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. You shall request one hearing to vacate this order, starting after the date of the issuance of this order, and to request another hearing after every extension of the order, if any, and may seek the advice of an attorney as to any matter connected with this order.”
(1) A statement of the grounds supporting the issuance of the order;
(2) The date the order was issued;
(3) The date the order expires;
(4) Whether a mental health evaluation, chemical dependency evaluation or emergency commitment of the respondent is required;
(5) The address of the court in which any responsive pleading should be filed;
(6) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns, under § 120(f); and
(7) The following statement:“To the subject of this protection order: This order will last until the date noted above. If you have not done so already, you must surrender immediately to the (Virgin Islands Police Department) all firearms and ammunition that you own in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under the Virgin Islands Code. You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. You shall request one hearing to vacate this order, starting after the date of the issuance of this order, and to request another hearing after every extension of the order, if any, and may seek the advice of an attorney as to any matter connected with this order.”
“To the subject of this protection order: This order will last until the date noted above. If you have not done so already, you must surrender immediately to the (Virgin Islands Police Department) all firearms and ammunition that you own in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under the Virgin Islands Code. You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. You shall request one hearing to vacate this order, starting after the date of the issuance of this order, and to request another hearing after every extension of the order, if any, and may seek the advice of an attorney as to any matter connected with this order.”
(k) If the court issues an extreme risk protection order, the court must inform the respondent that he or she is entitled to request a hearing to vacate the order in the manner provided by section 1006. The court shall provide the respondent with a form to request a hearing to vacate.
(l) If the court denies the petitioner’s request for an extreme risk protection order, the court must state the particular reasons for the denial.
(m) If the court denies the issuance of an extreme risk protection order but ordered a temporary extreme risk protection order and a law enforcement agency took custody of the respondent’s concealed carry permit or the respondent surrendered the respondent’s concealed carry permit as a result of the temporary extreme risk protection order, the officer who issued the concealed carry permit shall reissue the concealed carry permit to the respondent within three days, at no charge to the respondent.
(n) If the court issues an extreme risk protection order and the petitioner is a law enforcement officer or agency or community member, the petitioner shall make a good-faith effort to provide notice of the order to a family or household member of the respondent and to any known third party who may be at direct risk of violence. The notice must include referrals to appropriate resources, including domestic violence, behavioral health, and counseling resources.