Resource for a Recourse: Online Resource Center for Survivors of Abuse

PUERTO RICO : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
ELIGIBILITY
BENEFITS
COSTS
VIOLATIONS

Puerto Rico law defines "domestic abuse" as a constant pattern of conduct involving:

Physical force or psychological violence
Intimidation or persecution

Types of protective orders:

Ex Parte Protective Order: You can obtain an emergency protective order without a full court hearing if there is a probability that giving prior notice to the respondent will provoke irreparable harm which the order for protection is intended to prevent, or when the petitioner shows that there is a substantial probability of immediate risk of abuse. A hearing must take place within five days of the issuance of an emergency protective order. The court may also extend the order's effect to cover the time until a hearing can take place.

The advantage of an ex parte protective order is that you can get one without your abuser present. You can apply for an ex parte protective order by going to the municipal court in your area. In some areas, you may be required to go to family court or domestic relations court. You might be required to see a judge and explain why a protective order is necessary.

If it is determined that a "clear and present danger" exists for yourself or your family, a protective order will be issued. If the judge denies your request for an emergency protective order, you may still ask the judge to consider your petition through a full hearing. This means your abuser will be served with a copy of your request and will have an opportunity to respond.

Permanent Protective Order: A PPO can be issued only after a full court hearing where you and your abuser both tell your sides of the story to a judge. Unless requested for a later time, you will have a full court hearing within five days after you file your petition for a PPO. You must attend that hearing. If you do not go to the hearing, your temporary order may expire and you will have to start the process over. If your abuser does not show up to that hearing, the judge may grant an ex parte PPO or s/he may set a new hearing date. If you have an ex parte protective order, make sure the judge extends it so that it is effective until the new hearing date.

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Eligibility:

You are eligible to file for a protective order if you have been the victim of "domestic violence," as defined by Puerto Rico law, and your abuser is one of the following:

A current or former spouse, (regardless of living situation)
Someone with whom you live or have lived
Someone with whom you have or had a sexual relationship
A person with whom you have a child in common

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Benefits:

It is dangerous to stay in an abusive relationship. Over time, the abuse often becomes more frequent and more severe. Leaving an abusive relationship, however, is also dangerous. Although a protective order does provide legal means to protect yourself from an abuser, it does not provide you with physical protection.

In an Ex Parte/Protective Order, the court can:

Adjudicate provisional custody of the victim's minor children;
Order the respondent (abuser) to leave the dwelling which he/she shares with the petitioner (victim) regardless of any right claimed thereon;
Order any of the parties to abstain from molesting, harassing, pursuing, intimidating, or interfering in any way with the exercise of provisional custody over the minor children that have been adjudicated to one of them;
Order the respondent to pay support for the minor children when their custody has been awarded to the petitioner, or for the minors and to the petitioner, when there is a legal obligation to do so;
Restrain the respondent from disposing in any way of the property of the petitioner, or the property of the legal conjugal partnership, or community property, if any. Provided, that when the administration of a business, trade or industry is involved, the respondent must submit a monthly financial statement of the administrative matters to the court;
Order whatever provisional measures are needed regarding the possession and use of the residence of the parties, and on personal property.
Order the respondent to pay financial compensation from property for damages caused by conduct constituting domestic abuse. Said compensation can include, but shall not be limited to, compensation for moving expenses, expenses for the repair of property, legal expenses, medical, psychiatric, psychological, counseling, guidance, lodging, housing, and other similar expenses without prejudice to other civil actions to which the petitioner is entitled;
Order the respondent to surrender to the Police of Puerto Rico for the custody of any firearm owned by the respondent.

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Costs:

There is no fee for filing a protective order in Puerto Rico. If you have financial problems and can't afford your own representation, you may qualify for assistance from a Legal Services Clinic. If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking a protective order. Although you do not need legal counsel to file for a protective order, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.

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Violations:

Call the police immediately if you believe your protective order has been violated. It is a misdemeanor if the abuser knowingly violates the order in any way. Any failure to observe all provisions of the order constitutes a violation on the part of your abuser. In such an instance, call the police immediately; tell them that you have an order and that your abuser is in violation of it. It is very important that you keep a copy of the order with you at all times. Allowing your abuser access to your residence, place of employment or anywhere the protective order prohibits him/her from going may result in the loss of right to enforce the order.

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