Stalking Order of Protection
Also See: Puerto Rico Stalking Statute
33 L.P.R.A. § 4015a Stalking Restraining Order
§ 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.
(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.
Title 8 L.P.R.A. § 621 Protection from Domestic Abuse (Civil Protection Order)
§ 621. Protective orders
Any person who has been the victim of domestic abuse or conduct which constitutes said crime as typified in this chapter or in the Penal Code of the Commonwealth of Puerto Rico or in any other special law, within the context of a relationship as a couple, may file a petition in court and request a [restraining order]
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.
(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.
(k) Issue any order needed to enforce the purposes and public policy of this chapter.
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