2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29 - Domestic Abuse Prevention and Intervention Act (§§ 601 — 664) › Subchapter II - Protective Orders and Procedural Aspects (§§ 621 — 629) › § 621 - Protective orders

Any person who has been the victim of domestic abuse or conduct which constitutes said offense as classified in this chapter or in the Penal Code of the Commonwealth of Puerto Rico or in any other special law, within the context of an intimate relationship, as defined in § 602(m) of this title, may resort to the court and request a restraining order motu proprio, through legal counsel, or through a law enforcement officer without the need of having made previous reports or complaints.
When the court so deems or has issued a [restraining or anti-stalking order], the court shall immediately order the defendant to surrender to the Puerto Rico Police for custody, any firearm belonging to the defendant for which a license to bear or own or carry firearms, or for target-shooting or hunting or of any other kind, as the case may be. The order to surrender any firearm, as well as the suspension of any kind of firearm license, shall take effect compulsorily. Likewise, when such an order is issued by a court, the same shall have the effect of suspending the license to own or bear any firearm of any kind, such as, but not limited to, those used for target-shooting or hunting or otherwise, even when said firearm is part of the gear used by the accused in his/her profession. Said restriction shall apply at the very least for the same period of time the order is in effect. Any infringement of the terms of the [restraining order] which results in a conviction shall entail the permanent revocation of any kind of license to own a firearm which the defendant may hold, at which time, any firearms belonging to him/her shall be seized . The objective of this statute is to eliminate the possibility for the accused to be able to use any firearm to inflict bodily harm or to threaten or intimidate the petitioner or the members of his/her family unit.
(a) Adjudicate provisional custody of the petitioner’s minor [children].
(b) Suspend any filial relations with the minor children of the respondent party when the petitioner is sheltered. To make such a determination the court shall have to consider the following elements:
(1) The capacity of the shelter for providing security for the persons involved in the filial relations process.
(2) That the shelter possesses the resources needed to transport the minors to the place where the filial relations are to take place.
(3) The distance between the shelter and the place where the filial relations are to take place.
(4) The danger which the respondent party represents, if any, to those persons involved in the filial relations process: children of either sex, shelter personnel and the mother.
(5) The presence of a resource approved by the petitioner as intermediary in the filial relations process.
(6) That the respondent has not incurred conduct constituting domestic violence in the presence of the minors as established in §§ 631–635 of this title.
(7) That no protective order has been issued in favor of the minors against the respondent party.
(8) The duration of the pattern of domestic violence.
(9) The time transpired from the last contact with the minors and whoever is petitioning for filial relations.
(10) The quality of the relationship of the minors with the respondent.
(11) Whether the respondent party has failed to comply with any protective order.
(12) Whether the respondent party has incurred threatening conduct against the shelter personnel.
(13) Whether the respondent party has verbally, physically or emotionally attacked the minors.
(14) Whether the respondent party has affected the emotional health of the minors.
Should any of the elements described in this subsection fail to concur, the court, looking after the welfare of the minor, shall make any other determination based on §§ 447s–447u of this title, part of the Comprehensive Child Welfare and Protection Act.
(c) Order the respondent to leave the dwelling which he/she shares with the petitioner regardless of any right claimed thereon.
(d) Order the respondent to abstain from molesting, harassing, pursuing, intimidating, threatening or interfering in any way with the exercise of provisional custody over the minor children that have been adjudicated to one of them.
(e) Order the respondent to abstain from entering any place in which the petitioner is when, at the discretion of the court, said limitation is needed to prevent the respondent from molesting, intimidating, threatening or in any other way interfering with the petitioner or with the minor children whose provisional custody has been adjudicated to him/her.
(f) 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.
(g) Restrain the respondent from concealing or removing the minor [children] of the parties from the jurisdiction.
(h) Forbid the respondent from disposing in any way of [separate] 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.
(i) Order whatever provisional measures are needed regarding the possession and use of the residence of the parties, and on the personal property listed and comprised in subsections (1), (2), (3), (4), (4)(a), (5), and (6) of § 1130 of Title 32, which establishes those properties that are exempted from attachment.
(j) Order the respondent to pay financial compensation from [separate] 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, counselling, guidance, lodging, housing and other similar expenses, without prejudice to other civil actions to which the petitioner is entitled.
(l) Issue any order needed to enforce the purposes and public policy of this chapter.
History —Aug. 15, 1989, No. 54, p. 199, § 2.1; Aug. 11, 1995, No. 159, §§ 1, 2; Apr. 23, 2004, No. 100, § 1; Sept. 29, 2004, No. 525, § 2; Sept. 30, 2004, No. 542, § 1; Feb. 13, 2010, No. 14, § 1; May 29, 2013, No. 23, § 3.