This section defines domestic violence for the purpose of getting a protection order. “Domestic violence” is when a current or former partner repeatedly uses any of the following tactics to cause physical harm to you, your property, or another person, or to cause you severe emotional harm;

• physical force;
• psychological violence, including digital and cyber abuse;
• intimidation, which can include animal abuse;
• financial abuse; or
• harassment.¹

¹ See 8 L.P.R.A. § 602 (k), (u), (v), (w), (x)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

A domestic violence protection order can be requested by anyone over 18 years of age who has been a victim of domestic violence or a victim of any crime committed by:

• a spouse or ex-spouse;
• a person with whom s/he lives or lived;
• a person with whom s/he has or had a consensual relationship; or
• a person with whom s/he had a child.¹

A protection order can be requested in person or through an attorney or the police. It is not necessary to report the abuse to the police in order to apply for one.²

Gender, marital status, sexual orientation, gender identity, or immigration status of the parties involved in the relationship does not matter.

Additionally, an order can be requested:

• by anyone on behalf of a victim in any of the following circumstances:
  • if the person suffers from a physical or mental disability;
  • in the event of an emergency; or
  • if the person is unable to request one on his/her own;
• by a parent on behalf of his/her minor child or by an adult child on behalf of his/her parent if:
  
  • s/he has witnessed a crime or acts of domestic violence or s/he has been told that such acts were committed; and
  • the petitioner has told the victim of domestic violence that s/he plans to file an order of protection on the victim’s behalf;
• by an employer on behalf of his/her employees, visitors, or any other person at the workplace if:
  • one of his/her employees has been the victim of domestic violence or criminal conduct as defined by law; and
  • the domestic violence or criminal conduct occurred at the workplace. Before starting this proceeding, however, the employer should notify the employee who has been a victim of domestic violence or criminal activity of his/her intention to do so.²

¹ See 8 L.P.R.A. § 602(q)
² 8 L.P.R.A. § 621
³ 8 L.P.R.A. § 623

You do not have to pay anything to request or receive a protection order. You do not need a lawyer to apply for a protection order. However, you may want to have an attorney if the abuser has one. Even if you cannot have a lawyer to represent you, it may be a good idea to speak to one for advice on your case and to have your legal rights protected.

If you don’t have the money to pay a lawyer, but want one to help you, you can find information on agencies that provide free or low-cost legal services on our PR Finding a Lawyer page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

You should go to the courthouse to file an application. The application forms are available from the office of the clerk of court in Puerto Rico, including in the municipal courts. You will also find links to online forms at our PR Download Court Forms page.

A domestic violence organization may be able to help you fill out the form correctly and may be able to accompany you to the courthouse if you would like them to. To find a domestic violence organization in your area, please go to our PR Advocates and Shelters page. You can also call the courthouse or police closest to where you live. Go to our PR Courthouse Locations page to find the contact information for courthouses listed by municipality.

* See 8 L.P.R.A. § 623(a)(1)

After you fill out and hand all of the necessary forms to the clerk, s/he will deliver them to the judge.

The judge may want to ask you some questions about your application. If you meet the requirements for an ex parte protection order, the order will be valid until the date of the court hearing, scheduled for within 20 days.¹

If the judge does not grant you an ex parte protection order, s/he can still set a date for a hearing for a permanent protection order. The court will notify the parties of a court date for within a maximum of 5 days.² The hearing will be before a judge, and both you and the abuser will have the opportunity to tell your side of the story and to have an attorney present to represent you. At the end of the hearing, the judge will decide whether to grant the protection order or not.

¹ See 8 L.P.R.A. § 625
² See 8 L.P.R.A. § 624(a)

You must attend the hearing, on the day and time indicated on the summons, in order to ask the judge to extend your ex parte protection order (valid for 20 days) or to ask him/her to grant a permanent protection order for a period the court deems necessary.

If you do not attend, your ex parte order will be nullified and you will have to start the whole process all over again. If you do not attend the hearing, the judge may decide that you do not need the protection order and it may be more difficult for you to obtain an order in the future.

It may be a good idea to have an attorney to represent you at the hearing, especially if you think the abuser will have one, but even if s/he will not. If the abuser shows up with an attorney, you can ask for a continuance (a hearing on another day) so that you have time to get an attorney for your case. To find an attorney in your area, go to our PR Finding a Lawyer page. If you cannot get a lawyer, you can call a domestic violence organization to see if they can help you find an advocate who can accompany you - see PR Advocates and Shelters for contact information. If you have to represent yourself, see the section At the Hearing to learn how to prove to the judge that you were abused.

If you have been given a domestic violence protection order, you can ask the judge to give you an order to change control of a telephone number (“Orden de Cambio en Control sobre Número Telefónico”). This document will order the cell phone company to transfer into your name, at no additional cost, the responsibility, control, and a change of the phone number (if you wish). You can also make the same changes and transfers for the phone numbers of any minors in your custody and request that all personal information be removed from any directory or listing at no additional cost. You will have 30 days from being given the order to make these changes.¹

¹ 8 L.P.R.A. § 640a

If you did not get a protection order, there are other options you can consider. One option is to go to a municipal court to:

• establish temporary custody and child support;
• ask for temporary possession and use of the shared home; and
• ask the judge to order the return of your possessions or assets.¹

You can also contact a domestic violence organization in your area to get help, support, and legal advice. They can help you develop a safety plan and connect you with the information that you are looking for. For information and ideas for safety planning, visit our Safety Planning page. You can find contact information for domestic violence organizations at PR Advocates and Shelters.

You may be able to apply again for a protection order if new acts of violence occur after having been denied the order.

The judge should issue a written decision that should explain the reason for the denial of the order.² If you think that the judge made an error, you can talk to a lawyer about the possibility of filing an appeal. Generally, appeals are complicated, and it is very likely that you will need the help of a lawyer. For more information about appeals, go to our Filing an Appeal page.

¹ 32 L.P.R.A. § 2872
² 8 L.P.R.A. § 621

Your protection order should be valid and can be enforced in all of Puerto Rico and the United States.  Federal law contains a provision called “full faith and credit” that mandates that if you have a criminal or civil protection order, it is valid in every US state, including US territories and tribal lands.  You can contact a local domestic violence program or a clerk of court to find the specific rules in your state.  If you move out of state you may want to call a domestic violence program in your new state to find out how that state treats orders from other states.  You can read more on our Moving to Another State with a Protection Order page. 

If you move to another state, you can also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111) for more information about how to enforce your order.

Note: For information about how to enforce a military protection order (MPO) outside of a military base, or how to enforce a civil protection order (CPO) on a military base, please see our page Military Protective Orders. 

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

This section defines sexual violence for the purposes of getting a protection order. “Sexual violence” means any of these acts:

• sexual assault;
• lewd  acts;
• sexual harassment; and
• incest.¹

¹ 8 L.P.R.A. § 1281

In a sexual violence protection order,  the judge can order the abuser to:

• not bother, harass, stalk, intimidate, or threaten you;
• stay away from any place where you are if the judge believes that it would prevent the abuser from bothering, intimidating, threatening, or interfering with you or your family member;
• turn over to the police any firearms for which s/he has a license to possess, carry, or use for target practice if the judge believes that the firearm could be used to hurt you or your family; and
• follow any other order necessary for your protection.¹

¹ 8 L.P.R.A. § 1282

A sexual violence protection order can be requested by the victim, his/her lawyer, the prosecutor, or a law enforcement officer.¹

The following people can also request the order on behalf of someone else in case of an emergency, if the person suffers from a physical or mental disability, or if there is another reason that prevents the person from requesting the order him/herself:

• a parent, family member, or person responsible for a minor;
• a school teacher, principal, or social worker;
• a prosecutor;
• a police officer;
• an advocate of Children’s Affairs (el/la Procurador/a de Menores);
• an advocate of Family Matters (el/la Procurador de Asuntos de Familia); or
• an officer authorized by the Department of Family Services.²

¹ 8 L.P.R.A. § 1281
² 8 L.P.R.A. § 1284

Intentionally violating a sexual violence protection order can be a misdemeanor crime. Also, the abuser can be charged with  any other crime committed as part of the order violation. A violation can also be considered contempt of court, which can result in jail time, a fine, or both.¹

¹ 8 L.P.R.A. § 1288

A protection from stalking order is a civil order issued by the court telling the abuser to stop certain acts that are considered stalking.¹ You do not need to file criminal charges to be able to apply for/receive a civil protection from stalking order.²

¹ 33 L.P.R.A. § 4013(h)
² 33 L.P.R.A. § 4023

There are two types of protection from stalking orders: ex parte orders (temporary) and protection orders that are more permanent.

Ex parte orders (temporary)
If you need immediate protection, you can let the court clerk know that you also want to apply for an ex parte protection from stalking order. “Ex parte” means that the abuser does is not present in the court or notified beforehand. A judge can grant an ex parte order if:

• you can prove that there is a significant risk of immediate abuse to you and/or your family members; or
• it is likely that giving notice to the abuser that you are seeking a protection order would cause the type of harm that you are trying to prevent by filing for the protection order.¹

Even if the judge doesn’t issue you an ex parte order, s/he can still schedule a court hearing within 5 days where both you and the abuser have a change to be present and you can try to prove to the judge that you were stalked.²

After getting the ex parte order, the abuser will have to be notified by “personal service” of the court hearing, which will be scheduled within the next 5 days.³ In this hearing, the abuser will have the opportunity to fight against the order. During the hearing, the court can cancel the order or extend it for as much time as the judge believes is necessary.¹

Protection orders
After the court has granted you an ex parte protection order, you will have to go back to the court to get a more final protection order. A protection order can be issued after a hearing in court where you and the abuser have a chance to give your versions of what happened. If you win the case, the judge will grant you a protection order that lasts for the time the judge believes to be necessary.⁴

¹ 33 L.P.R.A. § 4017
² 33 L.P.R.A. § 4016(c)
³ See 33 L.P.R.A. § 4019(b)
⁴ See 33 L.P.R.A. § 4018(a)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Any person who has been a victim of stalking (as defined by law) can file for a protection from stalking order on his/her own, through a legal representative or through a law enforcement officer.¹ In addition, anyone can file on behalf of another person who is suffering from a mental or physical incapacity, in case of an emergency, or when the person is unable to file it on his/her own.²

If someone is stalked in his/her workplace, an employer can file on behalf of an employee if the employee has been a victim of stalking that occurred in or near the workplace. The employer has to notify the employee of his/her intention to file the order before filing it.³

¹ 33 L.P.R.A. § 4015(a)
² 33 L.P.R.A. § 4015(e)
³ 33 L.P.R.A. § 4015 (b)

If you have been given a stalking protection order, you can ask the judge to give you an order to change the responsibility and control of a telephone number (“Orden de Cambio de Responsabilidad y Control sobre Número Telefónico”). This document will order the cell phone company to transfer into your name, at no additional cost, the responsibility, control, and a change of the phone number (if you wish). You can also make the same changes and transfers for the phone numbers of any minors in your custody and request that all personal information be removed from any directory or listing at no additional cost. You will have 30 days from being given the order to make these changes.¹

¹ 8 L.P.R.A. § 640a

If you did not get a protection order, you may be able to apply again for a protection order if new acts of stalking occur after having been denied the order.

Also, the judge should issue a written decision so you can read why s/he denied the order.¹ If you think that the judge made an error, you can talk to a lawyer about the possibility of filing an appeal. Generally, appeals are complicated, and it is very likely that you will need the help of a lawyer. For more information about appeals, go to our Filing an Appeal page.

¹ 33 L.P.R.A. § 4016

A protective order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.² An ex parte order is when only one of the parties is present.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

In some states, you will need a certified copy of your order, which you may want to keep with you at all times. A certified copy shows that it is a true and correct copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp or seal on it.

If the copy you originally received is not a certified copy, you can go to the court that gave you the order and ask the clerk’s office for a certified copy. There may be a fee to get a certified (true test) copy of your protective order, but you can ask the clerk to be sure.

Note: It is generally a good idea to keep a copy of the order with you at all times. You may also want to leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. You may want to give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser. You may also want to give a copy of the order to anyone who is named in and protected by the order.

You are not required to tell the court in Puerto Rico if you move. However, it might be a good idea to leave a confidential address or a PO Box so that the court can notify you of any changes/incidents with your protection order. Make sure that the abuser is not able to see your address when you give your confidential address to the court.

Yes. Federal law, which applies to all states, considers custody, visitation, and child support provisions that are included in a protective order to be enforceable across state lines under the theory of “full faith and credit.” Law enforcement and courts in another state are generally required by federal law to enforce these provisions.¹

¹ See 18 USC § 2266(5)(b)

Any protective order that was issued by a court in another state, tribe or territory of the United States, will have “full faith and credit” in the courts of Puerto Rico. This means that the order must be enforced as if it had been issued by a court in Puerto Rico assuming that the order was issued after notice to the respondent and a hearing where the respondent had the opportunity to be present.¹

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ See 8 L.P.R.A. §674(a)

You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Puerto Rico cannot enforce an order that has expired or has been canceled in the issuing state.

If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in Puerto Rico. You will find information on legal assistance and domestic violence organizations in Puerto Rico on the PR Places that Help page.

To register your protection order in Puerto Rico, you will need to bring a certified copy of the protection order to the court clerk in any courthouse in Puerto Rico. Within 24 hours, the court clerk will send a copy of the protection order to the corresponding police headquarters in Puerto Rico.¹ The Puerto Rico Police Department will then put the information provided in the order into an electronic file and enter it in the National Crime Information Center Protection Order File (NCIC POF) within eight hours after they receive it.²

If you need help to register your protection order, you can seek guidance from a local domestic violence organization in Puerto Rico. You can find the contact information for these organizations in our PR Advocates and Shelters page.

¹ See 8 L.P.R.A. § 675(a)
² See 8 L.P.R.A. § 675(b)

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.¹

Puerto Rico will not notify the abuser if you register your protection order. Under the 221 law of August 9, 2008, the Criminal Justice Information System creates a registry of substitute addresses that can be offered to victims as a residential address so they can keep their current address confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Planning page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our PR Advocates and Shelters page.

¹ 18 USC § 2265(d)

While both local and federal law do not require for orders of protection to be registered to be enforced,¹ if your order hasn’t been entered in the state’s registry, it might be more difficult for the Puerto Rico police to determine if your order is real or not. This means that it can take longer to enforce your order of protection.

If you are unsure if registering your order is the right choice for you, you might want to contact a local domestic violence organization close to you. A professional advocate might help you determine what is the best course of action regarding your safety. To see a list of domestic violence organizations in Puerto Rico, visit our PR Advocates and Shelters page.

¹ See 8 L.P.R.A. § 674(b)