2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4015 - [Issuance] of restraining orders

(a) Any person who has been a victim of stalking, or conduct that constitutes the crime, as typified in §§ 4013—4026 of this title, part of the Penal Code of the Commonwealth of Puerto Rico, or in any other special act, may file a petition per se, through his/her legal counsel or by a police agent to the court requesting a restraining order, without the need of a prior filing of an accusation or charge.
(b) When the court determines that there are sufficient motives to believe that the petitioner has been the victim of stalking, the same may issue a protection order and order the defendant to surrender to the Puerto Rico Police for custody, whether on a temporary, indefinite or permanent basis, any firearm in relation to which the defendant has been issued a license to bear and own or to carry firearms or for target-shooting, or both, as the case may be, and the court shall order the suspension of the firearms license of the defendant under the same terms. Said order may also include but is not limited to the following:
(1) Direct the respondent party to abstain from disturbing, harassing, pursuing, intimidating, threatening or performing any other act that constitutes stalking under §§ 4013—4026 of this title, directed to the petitioner.
(2) Direct the respondent party to abstain from entering any place where the petitioning party is found, when, in the discretion of the court said limitation is necessary to prevent the respondent party from disturbing, intimidating, threatening or otherwise stalking and/or interfering with the petitioner or a member of his/her family.
(3) Direct the respondent party to pay pecuniary compensation for damages caused by conduct that constitutes stalking. Said compensation may include, but shall not be limited to compensation for moving expenses, expenses for repair of the property, legal expenses, medical and psychiatric expenses, psychological and counseling expenses, guidance, lodging, and other similar expenses, without prejudice to other civil procedures to which the petitioner would be entitled.
(4) Issue any order that is needed to comply with the purposes and the public policy of §§ 4013—4026 of this title.
(5) Order the respondent to vacate the residence he/she shares with the petitioner, regardless of the right claimed over the same; provide any temporary measure regarding the use and possession of the residence that the respondent was ordered to vacate and any personal property therein; order the owner or person in charge of the residence that the respondent was ordered to vacate to take any necessary measures to prevent the violation of said court order; and issue any order needed to carry out the purposes and public policy of §§ 4013—4026a of this title.
(c) Any trial court judge may issue a restraining order pursuant to §§ 4013—4026 of this title. Every restraining order may be reviewed, in the appropriate cases, in the Circuit Court of Appeals.
(d) Any person may request the civil remedies established in §§ 4013—4026 of this title in his/her behalf, or in behalf of any other person who suffers a physical or mental disability, in case of an emergency or when the person is prevented from requesting it in person.
History —Aug. 21, 1999, No. 284, § 5; Sept. 16, 2004, No. 376, § 2; Sept. 30, 2004, No. 542, § 2; May 29, 2013, No. 23, § 14.