reglab/statecodes huggingface dataset:
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) › § 625 - Ex parte orders

Notwithstanding what is established in other legal provisions, the court may issue an ex parte order for protection if it is determined that:
(a) Diligent attempts have been made to serve the respondent with a copy of the summons issued by the court and of the petition that has been filed before the court, which have been unsuccessful, or
(b) 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
(c) when the petitioner shows that there is a substantial probability of immediate risk of abuse.
Whenever the court issues an ex parte order for protection, it shall do so provisionally, it shall immediately serve the respondent with a copy thereof or in any other manner, and shall give the party an opportunity to object to it. To such effect, it shall docket a hearing to be conducted within twenty (20) days following the [issuance] of said ex parte order, unless the respondent requests a postponement to such effect. During said hearing, the court may render the order ineffective, or extend its effects for the term it deems necessary.
History —Aug. 15, 1989, No. 54, p. 199, § 2.5; Sept. 23, 2004, No. 485, § 1.
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) › § 627 - Notification to the parties and law enforcement agencies and of the wellbeing of minors

(a) A copy of every order for protection shall be filed in the office of the clerk of the court that issues it. The clerk of the court shall provide a copy thereof by petition of the parties or of any interested person.
(b) Any order issued under this chapter shall be served personally to the respondent, whether through a marshal of the court, a law enforcement officer, any person over eighteen (18) years of age who is not a party to the case, or according to the procedure established in the Rules of Civil Procedure, App. III of Title 32.
(c) The office of the clerk of court shall send copies of the orders issued under this chapter to the police branch in charge of keeping a record of protection orders thus issued. Likewise, the office of the clerk of court shall send a copy of said orders to be entered in the domestic abuse and stalking restraining orders electronic file, in accordance with the procedures established in §§ 671–676 of this title, known as the “Restraining Orders Electronic File Act”. Pursuant to §§ 671–676 of this title, the Police shall include all the information contained in the restraining order, as well as any procedural incidents regarding the notice to the parties and agencies involved.
(d) The Police of Puerto Rico shall provide adequate protection to the party on whose behalf an order for protection is issued.
(e) The Office of the Secretary of the Court shall send to the Child Support Administration of the Department of the Family, copies of the protection orders providing for a minor’s support payment, in conformity with the provisions of subsection (e) of § 621 of this title.
History —Aug. 15, 1989, No. 54, p. 199, § 2.7; May 7, 2003, No. 122, § 1; Dec. 21, 2012, No. 305, § 1.
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) › § 628 - Noncompliance of orders for protection

Any knowingly committed violation of an order for protection issued pursuant to this chapter shall be punished as a felony in the third degree in its lesser half.
Notwithstanding the provisions of Rule 11 of the Rules of Criminal Procedure, App. II of Title 34, even though an order to those effects has not been issued, every law enforcement officer must make an arrest if presented with an order for protection issued pursuant to this chapter or a similar act against the person to be arrested, or if the officer determines that such an order exists after having communicated with the pertinent authorities and has reasonable grounds for believing that the provisions thereof have been violated.
History —Aug. 15, 1989, No. 54, p. 199, § 2.8; Dec. 28, 2005, No. 165, § 2.
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) › § 629 - Social work evaluation

In every case in which a protection order is issued and from the evidence introduced in the hearing arises that any or all the children of the parties have witnessed and/or perceived the act of abuse, the court may refer the case to the Department of the Family in order for the person accused of abuse to be referred to and submitted to a social work evaluation, in order to determine whether he/she requires any kind of psychological assistance, which inures to the protection of the minors.
The court shall summon the respondent to a follow-up hearing to ascertain that said person went to the Department of the Family and submitted to the social work evaluation. The Department of the Family shall issue a report on the social work evaluation, in which any kind of psychological assistance may be recommended to the respondent.
If the respondent fails to comply with the referral, it shall be considered that he/she has violated the protection order.
History —Aug. 15, 1989, No. 54, p. 199, added as § 2.9 on Aug. 9, 2008, No. 225, § 1.
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 631 - Abuse

Any person who employs physical force or psychological abuse, intimidation, or persecution against his/her spouse, former spouse, or the person with whom he/she cohabits or has cohabited, or the person with whom he/she shares a child in common, regardless of the sex, civil status, sexual orientation, gender identity, or the immigrant status of the persons involved in the relationship, in order to cause physical harm to the person, the property held in esteem by him/her, except that which is privately owned by the offender, or to another person, or to cause serious emotional harm, shall be guilty of a fourth-degree felony in the upper end of the range.
The court may impose the penalty of restitution besides the established penalty of imprisonment.
—Aug. 15, 1989, No. 54, p. 199, § 3.1; Sept. 23, 2004, No. 480, § 2; Dec. 28, 2005, No. 165, § 3; May 29, 2013, No. 23, § 4.
History
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 632 - Aggravated abuse

The penalty corresponding to a third-degree felony in the lower end of the range shall be imposed if abuse, as classified in this chapter, has been committed against the spouse, former spouse, or the person with whom he/she cohabits or has cohabited, or with whom he/she has or has previously had a consensual relationship, or with whom he/she shares a child in common, regardless of the sex, civil status, sexual orientation, gender identity, or immigrant status of the persons involved in the relationship, upon the existence of one or more of the following circumstances:
(a) When entering the residence of the person or the place in which he/she is sheltered and the abuse is committed therein, in the case of spouses or cohabiters who are separated, or when there is a restraining order directing one of the persons to vacate the residence, regardless of the sex, civil status, sexual orientation, gender identity, or the immigrant status of the persons involved in the relationship; or
(b) when grave bodily harm is inflicted on the person; or
(c) when it is committed with a lethal weapon under circumstances that do not indicate the intention of killing or maiming; or
(d) when committed in the presence of minors; or
(e) when it is committed after an order for protection or resolution has been issued against the person charged, in aid of the victim of abuse;
(f) the person is induced, incited or forced to be drugged with controlled substances, or with any other substance or means that alters the will of the person, or to become intoxicated with alcoholic beverages; or
(g) when child abuse as defined in §§ 444–450m of this title, is committed and simultaneously incurred.
(h) If the victim is forced or induced by means of physical force or psychological abuse to participate or become involved in unwanted sexual relations with third parties.
(i) When committed against a pregnant woman.
(j) When committed against a person under sixteen (16) years of age and the aggressor is eighteen (18) years of age or older.
The court may order restitution in addition to the term of imprisonment thus imposed.
—Aug. 15, 1989, No. 54, p. 199, § 3.2; Feb. 28, 1998, No. 46, § 1; Sept. 23, 2004, No. 480, § 3; Dec. 28, 2005, No. 165, § 4; May 29, 2013, No. 23, § 5.
History
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 633 - Abuse by threat

Any person who threatens to cause harm to his/her spouse, former spouse, or the person with whom he/she cohabits or has cohabited, or with whom he/she has or has had a consensual relationship, or with whom he/she shares a child in common, regardless of the sex, civil status, sexual orientation, gender identity, or the immigrant status of the persons involved in the relationship, or to destroy property cherished by the victim, except that which is exclusively owned by the offender or another person, shall be guilty of a fourth-degree felony in the upper end of the range.
The court may impose the penalty of restitution besides the established penalty of imprisonment.
History —Aug. 15, 1989, No. 54, p. 199, § 3.3; Sept. 23, 2004, No. 480, § 4; Dec. 28, 2005, No. 165, § 5; May 29, 2013, No. 23, § 6.
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 634 - Abuse by restriction of liberty

Any person who uses violence or intimidation against his/her spouse, former spouse, or the person with whom he/she cohabits or has cohabited, or with whom he/she has or has had a consensual relationship, or with whom he/she shares a child in common, regardless of the sex, civil status, sexual orientation, gender identity, or the immigrant status of the persons involved in the relationship, or who uses the pretext of suffering from, or that one of the aforementioned persons suffers from a mental disease or defect to restrict the victim of liberty with his/her knowledge, shall be guilty of a third-degree felony in the lower end of the range.
The court may impose the penalty of restitution besides the established penalty of imprisonment.
History —Aug. 15, 1989, No. 54, p. 199, § 3.4; Sept. 23, 2004, No. 480, § 5; Dec. 28, 2005, No. 165, § 6; May 29, 2013, No. 23, § 7.
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 635 - Sexual assault in an intimate relationship

As set forth below imprisonment shall be imposed on any person that commits a non-consensual sexual act against a current spouse or former spouse, or the person with whom he/she cohabits or has cohabited, or with whom he/she has or has had a consensual relationship, or with whom he/she shares a child in common, regardless of the sex, civil status, sexual orientation, gender identity, or immigrant status under any of the following circumstances:
(a) If the person has been compelled to engage in sexual conduct through the use of force, violence, intimidation or threat of grave or immediate bodily harm; or
(b) if the person’s capacity to resist has been substantially annulled or reduced, without the person’s knowledge or the person’s consent through the use of hypnotic methods, narcotics, depressants, stimulants or similar means or substances; or
(c) if due to an illness or temporary or permanent mental disability, the person were unable to understand the nature of the act at the time it is carried out; or
(d) if the person is forced or induced by the use of abuse, physical or psychological violence to participate or become involved in an undesired sexual relation with third parties.
The penalty to be imposed for this crime in all its modalities shall correspond to a felony in the second degree.
The court may impose the penalty of restitution besides the established penalty of imprisonment in any of the modalities indicated above.
History —Aug. 15, 1989, No. 54, p. 199, § 3.5; Sept. 23, 2004, No. 480, § 6; Dec. 28, 2005, No. 165, § 7; May 29, 2013, No. 23, § 8.
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 638 - Arrest

Notwithstanding the provisions of Rule 11 of the Rules of Criminal Procedure, App. II of Title 34, every law enforcement officer shall make an arrest, even though there is no order to such effect, if he has grounds to believe that the person to be arrested has committed, even though not in his/her presence, or that is committing in his/her presence, a violation to the criminal provisions of this chapter.
History —Aug. 15, 1989, No. 54, p. 199, § 3.8, eff. 90 days after Aug. 15, 1989.
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 639 - Signing and swearing of charges

Notwithstanding the provisions of Rule 5 of the Rules of Criminal Procedure, App. II of Title 34, the prosecuting attorneys and the members of the Puerto Rico Police shall sign and swear all charges for violation to the provisions of this chapter when the acts that constitute the crime are known to them through information and belief.
In no case in which the abovementioned circumstances concurred, shall the person who is the victim of the alleged facts that constitute the crime be required to sign the accusation.
History —Aug. 15, 1989, No. 54, p. 199, § 3.9, eff. 90 days after Aug. 15, 1989.
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 640 - Assistance to the victim of abuse

Whenever a law enforcement officer intervenes with a person claiming to be a victim of abuse, regardless of his/her sex, civil status, sexual orientation, gender identity, or immigrant status, such officer shall take every measure he/she deems necessary to protect the victim from further abuse. Law enforcement officers shall take the following steps, among others:
(a) If the person indicates that he/she has suffered injuries, blows or wounds that require medical assistance, although not visible, he shall give the person the needed first aid treatment; shall volunteer to make arrangements for the person to receive adequate medical treatment and shall provide transportation to a medical services center where the person can be treated.
(b) If the person expresses concern for his/her safety, he/she shall make the arrangements needed to transport the person to a safe place.
(c) When the victim of abuse requests it, the law enforcement officer shall protect him/her by accompanying and providing assistance at all times while he/she takes his/her personal belongings from his/her residence or from any other place where the same may be.
(d) Advise the victim of abuse on the importance of preserving the evidence.
(e) Provide the victim with information as to her/his rights, and of the government and private services available for victims of abuse, including, but not limited to the remedies provided under § 972 et seq. of Title 25 and Act No. 91 of July 13, 1988. He shall also give the victim a copy of the Guide for Victims of Domestic Abuse.
History —Aug. 15, 1989, No. 54, p. 199, § 3.10, eff. 90 days after Aug. 15, 1989; May 29, 2013, No. 23, § 10.
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 III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 641 - Preparation of reports

Whenever a law enforcement officer intervenes in an incident of domestic abuse, a written report on the same shall be prepared. Said report shall contain the allegations of the persons involved and of the witnesses, the type of investigation conducted and how the incident was resolved.
The law enforcement officer shall include any statement of the victim in said report, with regard to the frequency and severity of previous incidents of domestic abuse and on the number of times the person has resorted to the Police or any private or public entity or specific person to seek help.
This report shall be prepared for every intervention even though no criminal charges are filed against the alleged aggressor. These reports shall be kept separate from reports or incidents of other nature.
The Police Superintendent shall establish a system to compile information that allows that a copy to be kept of each intervention report in the police station where it was originated and that will expedite the centralized compiling thereof in the Statistics Division of the Puerto Rico Police.
The Statistics Division of the Puerto Rico Police shall receive a monthly copy of every intervention report prepared pursuant to this section, shall compile the information contained therein, and shall prepare an annual public statistical report on the incidents of domestic abuse in Puerto Rico. A copy of this report shall be remitted to the Office of the Women’s Advocate, as well as to the Legislature, which shall distribute it to all the offices of the different committees.
The Courts Administration shall provide information on the restraining orders requested and issued, to the Statistics Division of the Police as well as useful information, so that it the report may contain, among others, the following information:
(1) Population group mostly affected by domestic abuse.
(2) Ages of said groups, divided by number of incidences.
(3) Number of persons who requested restraining order.
(4) Number of persons who withdrew said request for restraining orders.
(5) Number of persons who obtained restraining orders.
(6) Number of persons who did not obtain restraining orders.
(7) Number of situation in which dual or reciprocal restraining orders were issued.
(8) Number of situations in which there are minors, and child support orders were issued.
The Police Superintendent shall establish rules to guarantee confidentiality regarding the identity of the persons involved in incidents of domestic abuse.
History —Aug. 15, 1989, No. 54, p. 199, § 3.11; Apr. 23, 2004, No. 96, § 1; Sept. 29, 2004, No. 490, § 1.
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 IV - Measures to Prevent Domestic Violence (§§ 651 — 653) › § 651 - Functions of the Women’s Advocate Office

The Women’s Advocate Office, created by §§ 311 et seq. of Title 1, and in harmony with the public policy enunciated in this chapter, shall be responsible for:
(a) Promoting and developing educational programs for the prevention of domestic abuse.
(b) Studying, investigating and publishing reports on the domestic abuse problem in Puerto Rico, its manifestations, scope, consequences and the options for confronting and eradicating it.
(c) Identifying groups and sectors in which domestic abuse is manifested, educating them and making them aware of the skills they need to combat it.
(d) Creating an awareness among assistance professionals regarding the needs of victims of abuse and their families.
(e) Developing strategies to encourage changes in the policies and procedures in government agencies in order to improve their response to the needs of the victims of abuse.
(f) Establishing and encouraging the establishment of programs of information, support and counselling services for abuse victims.
(g) Encouraging the establishment of shelters for abuse victims.
(h) Encouraging programs of services for boys and girls who come from homes where there is abuse, in coordination with the Department of the Family.
(i) Providing training and orientation services for assistance professionals on the treatment and counselling of abuse victims.
(j) Evaluate progress in the implementation of this chapter and submit annual reports to the Governor of the Commonwealth of Puerto Rico and the Legislature.
(k) Analyzing and carrying out studies on the needs for intervention, education and retraining programs for persons who engage in conduct that constitutes abuse, for their rehabilitation.
(l) Formulating guidelines on the minimum requirements that must be met by the deviation services contemplated by § 636 of this title, which must be taken into consideration by the courts in determining deviations.
History —Aug. 15, 1989, No. 54, p. 199, § 4.1; Apr. 23, 2004, No. 96, § 2.
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 IV - Measures to Prevent Domestic Violence (§§ 651 — 653) › § 652 - Confidentiality of communications

The Women’s Advocate Office shall take steps to guarantee the confidentiality of the communications and information it receives from its clients during the course of rendering services to prevent domestic violence and intervene with its victims. All communications between the persons attended to in the Women’s Advocate Office and its personnel shall be privileged and shall be protected by the confidentiality privilege established in the Rules of Evidence of Puerto Rico. Likewise, all communications between a victim of domestic violence and any other public entity or body, which renders services to victims of domestic abuse, shall enjoy the same privilege and confidentiality, in harmony with Rule 26-A of the Rules of Evidence of Puerto Rico and the Bill of Rights of Victims and Witnesses of Crime.
History —Aug. 15, 1989, No. 54, p. 199, § 4.2; Apr. 23, 2004, No. 96, § 3; July 27, 2005, No. 30, § 1.
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 IV - Measures to Prevent Domestic Violence (§§ 651 — 653) › § 652a - Substitute Address Register

The Criminal Justice Information System shall incorporate the creation of a Substitute Address Register for Victims of Domestic Violence for the purpose of establishing strategies and protecting the victims, by enabling government agencies and instrumentalities to respond to requests for public records without disclosing the location or address of domestic violence victims so as to protect them from their aggressors.
This substitute address shall be used as the home, work or school address, as the case may be, of the participant in the Register or his/her children, to receive mail as established by maximum size and weight, according to the regulations adopted to such purposes. The substitute address designated for a Register participant shall have no relation whatsoever with the actual home address of the domestic violence victim.
The organization of the Substitute Address Register for Victims of Domestic Violence shall provide this protection to any person residing in Puerto Rico regardless of his/her address of origin or immigrant status. Furthermore, such protection shall be likewise extended to any victim of domestic violence who has established his/her residency in Puerto Rico or who, for such reason, has moved to another jurisdiction. For purposes of this protection, the words “residence”, “residential”, and “resides” are to be understood within their common and ordinary meaning.
In addition to the substitute address, all other addresses of the participating victim shall be subject to confidentiality of communications established by this chapter.
History —Aug. 15, 1989, No. 54, p. 199, added as § 4.3 on Aug. 9, 2008, No. 221, § 1; May 29, 2013, No. 23, § 11.
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 IV - Measures to Prevent Domestic Violence (§§ 651 — 653) › § 653 - Collaboration of government agencies

The departments, offices, bureaus, commissions, boards, administrations, councils, public corporations and their subsidiaries, and all other agencies and instrumentalities of the Commonwealth of Puerto Rico are hereby authorized to provide to the Criminal Justice Information System, support services and resources as necessary to carry out and comply with the duties and functions assigned thereto by this chapter. Furthermore, such government entities are hereby authorized to provide any necessary support to the Criminal Justice Information System. Such authority shall be exercised subject to the legal provisions that govern said public agencies.
History —Aug. 15, 1989, No. 54, p. 199, § 4.3; Apr. 23, 2004, No. 96, § 4; renumbered as § 4.4 and amended on Aug. 9, 2008, No. 221, § 2.
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 V - Supplementary Provisions (§§ 661 — 664) › § 661 - Independence of civil actions

It shall not be required nor shall it be necessary for persons protected by this chapter to file criminal charges in order to request that an order for protection be issued.
History —Aug. 15, 1989, No. 54, p. 199, § 5.1, eff. 90 days after Aug. 15, 1989.
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 V - Supplementary Provisions (§§ 661 — 664) › § 662 - Constitutional safeguard

If any of the provisions of this chapter is declared unconstitutional, said declaration of unconstitutionality will not affect the remaining provisions of the chapter.
History —Aug. 15, 1989, No. 54, p. 199, § 5.2, eff. 90 days after Aug. 15, 1989.
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 V - Supplementary Provisions (§§ 661 — 664) › § 663 - Rules for civil and criminal actions

Except as otherwise provided in this chapter, the civil provisions established herein shall be governed by the Rules of Civil Procedure of 2009, as amended.
Likewise, penal actions initiated under the provisions of this chapter that typify crimes, shall be governed by the Rules of Criminal Procedure, App. II of Title 34, except as otherwise provided by this chapter.
History —Aug. 15, 1989, No. 54, p. 199, § 5.3, eff. 90 days after Aug. 15, 1989; May 29, 2013, No. 23, § 12.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29A - Interagency Committee for the Study of Domestic Violence (§§ 665 — 667) › § 665 - Establishment

The Interagency Committee for the Study of Domestic Violence in Puerto Rico is hereby established, which shall be composed by thirteen (13) persons. The Committee shall be composed of the following persons: the Executive Director of the Women’s Affairs Commission, the Secretary of the Department of Justice, the Superintendent of Police, the Secretary of the Department of Health, the Secretary of the Department of Corrections and Rehabilitation, the Secretary of the Sports and Recreation Department, the Secretary of the Department of the Family, the Governor’s Advisor on Education and Quality of Life, the Governor’s advisor in the area of Health and Social Welfare, one educator interested in the problem of domestic violence (shall be chosen by the Women’s Affairs Commission, Office of the Governor), a victim of domestic violence (shall be chosen by the Women’s Affair Commission, Office of the Governor), and the Chairpersons of the Women’s Affairs Commission of the Senate and of the House of Representatives.
History —Sept. 2, 2000, No. 329, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29A - Interagency Committee for the Study of Domestic Violence (§§ 665 — 667) › § 666 - Authority

The Executive Director of the Interagency Committee for the Study of Domestic Violence in Puerto Rico is conferred whatever additional authority, rights and powers needed necessary to execute the purposes of this chapter, including, without it being understood as a limitation, the following:
(a) Receive by donation from any natural or juridical person, or from any private or public institution, money, equipment, materials and services to be used or invested pursuant to the purposes of this chapter.
(b) Execute, with any person, natural or juridical, or any private or public institution, such contracts, agreements or arrangements that the Women’s Affairs Commission of the Office of the Governor deems necessary and convenient to pursue the purposes of this chapter.
(c) Promulgate the corresponding regulations to comply with the directives provided in this chapter.
History —Sept. 2, 2000, No. 329, § 2.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29A - Interagency Committee for the Study of Domestic Violence (§§ 665 — 667) › § 667 - Cooperation with other agencies

Every administrative agency, political subdivision and public corporations of the Commonwealth of Puerto Rico shall cooperate with the Advisory Board on the Prevention of Domestic Violence and shall actively participate in the educational campaigns initiated by said Board.
History —Sept. 2, 2000, No. 329, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29B - Monitoring, Protection and Prevention Program (§§ 668 — 668e) › § 668 - Public policy

It is hereby set forth as the public policy of the Government of Puerto Rico the creation of the Monitoring, Protection, and Prevention Program to address cases of aggravated domestic violence, recommending the compulsory use of an electronic monitoring device for the alleged offender.
History —Sept. 18, 2009, No. 99, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29B - Monitoring, Protection and Prevention Program (§§ 668 — 668e) › § 668a - Electronic monitoring

(a) In its evaluation reports to the court, the Office of Pretrial Services (OPS) shall recommend the imposition of electronic monitoring as an additional and mandatory condition when granting bails, in cases where a person is charged with a domestic abuse offense, specifically in cases of violations to restraining orders, aggravated abuse, kidnapping, and sexual assault. Provided, That the courts shall be obliged to impose electronic monitoring in cases of noncompliance with §§ 628, 632, except subsection (d), 634 and 635 of this title, know[n] as the “Domestic Abuse Prevention and Intervention Act”, or in cases of recidivism in connection with the above cited sections, notwithstanding the infringed section, with or without the recommendation of the OPS.
(b) Once the alleged offender posts bond as set by a Court, he/she shall be released on bail, until OPS takes the necessary steps to place the electronic monitoring device. The OPS is hereby directed to place the electronic monitoring device on the day of the bail hearing.
History —Sept. 18, 2009, No. 99, §§ 2, 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29B - Monitoring, Protection and Prevention Program (§§ 668 — 668e) › § 668b - Directions to official

(a) The Secretary of the Department of Justice shall issue the corresponding directions in order for prosecutors and other officials of said Department to act in accordance with the public policy set forth in this chapter.
(b) The Police Superintendent shall direct the agents under his/her charge to act in accordance with the public policy set forth in this chapter, especially the agents working in the special domestic abuse unit.
History —Sept. 18, 2009, No. 99, §§ 4, 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29B - Monitoring, Protection and Prevention Program (§§ 668 — 668e) › § 668c - Interagency coordination

In accordance with the public policy set forth in this chapter, the Department of Justice, the Office of Pretrial Services (OPS), the Puerto Rico Police, and the Women’s Advocate Office shall:
(a) Evaluate the code of laws in effect and promote the corresponding amendments in order to strengthen and broaden the criteria established in this chapter.
(b) Promote interagency collaboration and coordination to maximize available resources and standardize the procedures followed in the agencies to handle cases of noncompliance with restraining orders, sexual assault, aggravated abuse, threats, and domestic violence recidivism.
History —Sept. 18, 2009, No. 99, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29B - Monitoring, Protection and Prevention Program (§§ 668 — 668e) › § 668d - Implementation

The Department of Justice, the Office of Pretrial Services (OPS), and the Women’s Advocate Office shall coordinate with the Office of Court Administration the implementation and attainment of the objectives of the public policy set forth in this chapter.
History —Sept. 18, 2009, No. 99, § 7.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29B - Monitoring, Protection and Prevention Program (§§ 668 — 668e) › § 668e - Work procedure and protocol

A ninety (90)-day period is hereby established for the Office of Pretrial Services (OPS), the Puerto Rico Police, and the Women’s Advocate Office, in collaboration with the Department of Corrections and Rehabilitation and the Department of Justice, to draft, approve, and adopt a work procedure or operational protocol whereby the responsibilities of each agency with respect to the implementation and purposes of this chapter are established. It is provided further, that the abovementioned protocol shall include, among others, those factors requiring interagency coordination:
(1) An electronic monitoring system that shall place up to three (3) calls to the alleged offender before law enforcement officials intervene, when it detects that, presumably, the conditions imposed have been breached;
(2) the procedure to be followed in the event that, presumably, the conditions imposed have been breached, to alert the affected person without unnecessary delay, and
(3) that government authorities shall provide the victim adequate protection wherever he/she is and according to his/her particular situation.
History —Sept. 18, 2009, No. 99, § 8.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 30 - Restraining Orders Electronic File Act (§§ 671 — 676) › § 671 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated hereinafter:
(a) Stalking.— Refers to the behavior typified as a crime by §§ 4013 et seq. of Title 33, known as the “Act Against Stalking in Puerto Rico”.
(b) Law enforcement officer.— Any officer or member of the Puerto Rico Police, or municipal policeman duly trained and accredited by the Puerto Rico Police.
(c) Electronic file.— Refers to the Domestic Abuse and Stalking Restraining Orders Electronic File, which shall be created by the Puerto Rico Police and attached to the Criminal Justice Information System, to which judges, officials of the Department of Justice, and law enforcement officers shall have access, in order to keep a complete and systemized record of all restraining orders issued, whether of temporary or permanent nature. The information transmitted through the Criminal Justice Information System shall be under the custody of the Puerto Rico Police.
(d) Restraining orders.— Refers to all orders of temporary nature, including ex parte orders, issued in writing under the seal of the court, whereby pertinent measures are established in order for a person to abstain from incurring in or performing certain acts that constitute domestic abuse or stalking against another, as typified by §§ 601 et seq. of this title and §§ 4013 et seq. of Title 33.
(e) Respondent.— Refers to any person against whom a restraining order is requested.
(f) Petitioner.— Means any person who requests a restraining order.
(g) Court.— Means the Court of First Instance of the General Court of Justice, and the offices of municipal judges.
(h) Domestic abuse.— Refers to the behavior typified as a crime in §§ 601 et seq. of this title, known as the “Domestic Abuse Prevention and Intervention Act”.
History —Oct. 16, 2000, No. 420, § 3.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 30 - Restraining Orders Electronic File Act (§§ 671 — 676) › § 672 - Intent

The electronic file created by this chapter does not pursue a punitive purpose; it is a means to guarantee the safety, protection and general welfare of all citizens against conducts that constitute domestic abuse and stalking, as typified by §§ 601 et seq. of this title and §§ 4013 et seq. of Title 33.
History —Oct. 16, 2000, No. 420, § 4.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 30 - Restraining Orders Electronic File Act (§§ 671 — 676) › § 673 - Content of the electronic file

The electronic file, created by virtue of this chapter, shall contain the following information:
(a) Court and judge who issue the order.
(b) Number of the restraining order.
(c) Name or alias of the respondent.
(d) Gender, age and physical characteristics of the respondent.
(e) Last known address and telephone number of the respondent.
(f) Driver’s license number and social security number of the respondent, if known.
(g) Damages alleged by the petitioner.
(h) Provisions of law under which the order was issued.
(i) Date of issue of the restraining order.
(j) Expiration date of the restraining order.
(k) If the order was issued ex parte.
(l) Date and time in which the order was served.
(m) Name of the petitioner.
(n) Address, telephone number, age, and social security number of the petitioner.
(ñ) Type of relationship between the petitioner and the respondent, if any.
(o) Specific restrictions of the restraining order and other provisional measures issued by the court.
(p) Name of the family members also requesting protection, if applicable.
(q) Information on the custody and/or visiting rights of children the parties have in common, if applicable.
(r) Information on the respondent’s possession of weapons and/or carrying weapons license and/or prohibitions thereto.
(s) Information on other restraining orders issued against the respondent.
(t) If the order is rendered ineffective, date, and reason therefor.
History —Oct. 16, 2000, No. 420, § 5.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 30 - Restraining Orders Electronic File Act (§§ 671 — 676) › § 674 - Inclusion of orders from other states, territories, tribes

(a) Any restraining order duly issued by a court of another state, tribe, or territory of the United States, shall have full faith and credit in the courts of Puerto Rico and shall be enforced as if it were issued by a court from this jurisdiction, provided it complies with the requirements of due process of law, at the moment of the issuance and serving of said order.
(b) Any person who has obtained a restraining order duly issued in another state, tribe, or territory of the United States may request the same to be included in the electronic file, by filing a certified copy thereof at the office of the clerk of any court of Puerto Rico, free of charge. Upon filing such order which seems to be authentic in its face, it shall be presumed to be valid and shall be enforced, although the same has not been presented before any office of the clerk in the courts of Puerto Rico.
(c) Law enforcement officers shall consider a restraining order duly issued by a court of another state, tribe, or territory of the United States as a valid and legal document, and shall make an arrest for any violation to such restraining order, as it would be made for a violation to a restraining order issued by a court of Puerto Rico, pursuant to §§ 601 et seq. of this title and §§ 4013 et seq. of Title 33.
(d) Any violation to a restraining order duly issued by a court of another state, tribe, or territory of the United States shall be given the same treatment as in cases of violations to restraining orders related to domestic abuse and stalking, as typified by §§ 601 et seq. of this title and §§ 4013 et seq. of Title 33.
(e) Any provision on the custody of a minor included in a restraining order duly issued by a court of another state, tribe, or territory of the United States, shall [be] enforced in this jurisdiction, if it complies with federal or Commonwealth laws regarding custody of minors, including Public Law 96-611, of December 28, 1980 as amended, known as the “Federal Parental Kidnapping Prevention Act”.
History —Oct. 16, 2000, No. 420, § 6.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 30 - Restraining Orders Electronic File Act (§§ 671 — 676) › § 675 - Transfer procedure

(a) The clerk of the court that issued the order, or that in which a restraining order issued by any other court of a state, tribe, or territory of the United States has been filed, shall remit copy of the restraining order to the corresponding Puerto Rico Police headquarters within the next twenty-four (24) hours after same was filed or issued, as the case may be.
(b) The Puerto Rico Police shall process the information provided in the restraining order into the electronic file and in the National Crime Information Center Protection Order File (NCIC POF), within eight (8) hours after the same is received and shall serve the order as provided by §§ 601 et seq. of this title and §§ 4013 et seq. of Title 33.
(c) Government bodies are hereby empowered, in coordination with the Puerto Rico Police, to establish the regulations and procedures needed for the implementation of this chapter, pursuant to §§ 2101 et seq. of Title 3, which shall include all that pertains to the disposal of information, if the restraining order has expired.
History —Oct. 16, 2000, No. 420, § 7.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 30 - Restraining Orders Electronic File Act (§§ 671 — 676) › § 676 - Availability of the electronic file

The information of the electronic file shall be available for judges, officials of the Department of Justice, and law enforcement officers to access it twenty-four (24) hours a day, seven (7) days a week, through the terminals of the Criminal Justice Information Systems, which operate in the different judicial and police regions.
History —Oct. 16, 2000, No. 420, § 8.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 31 - Advisory Board for the Protection and Strengthening of the Family (§§ 701 — 708) › § 701 - Creation

There is hereby created the Advisory Board for the Protection and Strengthening of the Family, attached to the Department of the Family, hereinafter denominated “the Board”.
The promotion of the protection, strengthening, and development of Puerto Rican Families is declared as the public policy of the Commonwealth of Puerto Rico. The Government must be able to rely upon an organism that is able to devise and develop an adequate comprehensive public policy in behalf of the Puerto Rican family. It is hereby set forth that the Board is the organism responsible for advising and coordinating the implementation of the public policy for the protection, stability, and development of all types of family institutions. In addition, the Board, as part of the public policy, must strengthen the unity of said families and develop economic and social autonomy of the Puerto Rican family. For such reasons, all government actions that may have a significant impact upon families must be evaluated by the Board.
History —Sept. 12, 1990, No. 85, p. 501, § 1; Jan. 4, 2003, No. 48, § 1.
2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 31 - Advisory Board for the Protection and Strengthening of the Family (§§ 701 — 708) › § 702 - Members

The Board shall be composed of eleven (11) members, of which six (6) shall be exofficio members, to wit: the Secretaries of the Departments of the Family, Health, Education, Housing, or their designated representatives who shall have the capacity, knowledge and decision making power to effectively represent the executive official they will substitute. The persons thus designated shall answer directly to the head of the agency, who shall in turn, be responsible for the decisions made by the Board. The Directors of the Social Investigation Center and of the Graduate School of Social Work of the University of Puerto Rico shall also be part of the Board. The remaining five (5) members shall be designated by the Governor and shall be persons of recognized interest, professional good standing and experience in the field of family welfare. The first appointments shall be staggered, four (4) for a 4-year term and the remaining three (3) members for two (2) years. Subsequent appointments shall all be for four (4) years. The members shall hold office until their successors are appointed and take office.
The Governor shall designate one of the members appointed by him/her, to act as Chairperson of the Board, who will hold office for a term of two (2) years. The subsequent Chairpersons shall be elected by the full Board and will hold office for the term fixed by regulations and may not be ex-officio members.
If a vacancy occurs, the person appointed to fill it, will hold office for the remaining term of the member he/she replaces. The Governor may separate any Board member from office for negligence in the performance of his/her duties, or conviction for a felony or misdemeanor, or mental disability.
History —Sept. 12, 1990, No. 85, p. 501, § 2; Aug. 19, 2001, No. 127, § 1; Jan. 1, 2003, No. 2, § 1.