Legal Information: Puerto Rico

Restraining Orders

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November 19, 2021

Who can file for a protection order?

Any person over 18 years of age who has been a victim of domestic violence or a victim of any crime committed by an intimate partner (as defined in What is the legal definition of domestic violence in Puerto Rico?), can apply for a protection order. 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.1

Additionally, an order can be requested:

  • on behalf of any person 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 in this law; and
    • the domestic violence or criminal conduct occurred at the workplace. Before starting this procedure, 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 8 L.P.R.A. § 621
2 8 L.P.R.A. § 623

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