P.R. Laws tit. 8, § 623

2019-02-20 00:00:00+00
§ 623. Procedure

Any person may request the civil remedies established in this chapter for him/herself or on behalf on any other person when said person suffers from a mental or physical disability, in case of an emergency or when the person is unable to request said remedies personally.

An employer may request a protective order in favor of female or male employees or visitors and of any other person found at his/her workplace if one of his/her female or male employees is or has been the victims of domestic violence or of conduct constituting a crime as typified in this chapter; and if the acts of conduct constituting domestic violence have occurred at his/her workplace.

Before initiating this procedure, the employer must give notice about his/her intention of requesting the protective order to the female or male employee who is or has been the victim of domestic violence or of conduct constituting a crime as typified in this chapter.

The right to request the remedies herein established shall not be affected because the petitioning party has abandoned his/her residence to avoid domestic violence.

(a) Initiation of action.— The procedure to obtain an order for protection can be initiated:

(1) By filing a verbal or written petition; or

(2) within any case pending between the parties, or

(3) by request of the [Prosecuting Attorney] in a penal procedure, or as a condition for probation or parole.

To help those persons who are interested in obtaining an order for protection under this chapter, the Court Administration shall have simple forms to request and further said order, available in the Office of the Clerk of the Courts of Puerto Rico and in the offices of the municipal judges. It shall also provide them with help and orientation to complete and present them.

History —Aug. 15, 1989, No. 54, p. 199, § 2.3; Sept. 30, 2004, No. 538, § 2, eff. 60 days after Sept. 30, 2004.