P.R. Laws tit. 8, § 626

2019-02-20 00:00:00+00
§ 626. Contents

(a) Every restraining order shall specifically state the determinations of the court, the remedies prescribed, and the term of its effectiveness.

(b) Every restraining order shall establish the date and time of issue and specifically notify all the parties that any violation thereof shall constitute contempt of court, which could result in imprisonment, a fine, or both.

(c) Any ex-parte restraining order shall include the date and time of issue, as well as the effective term thereof. It shall also indicate the date, time, and place that the hearing for the extension or annulment thereof shall be held and the grounds for issuing said ex-parte order.

(d) The court shall issue the number of copies of the restraining order that the victim requests, up to a maximum of five (5) copies.

(e) Together with the restraining order, the court shall include recommended guidelines on the precautionary measures to be taken by the victim of domestic violence to increase the effectiveness thereof. These guidelines shall include the following recommendations, among others:

(1) The victim shall be advised to notify and furnish a copy of the restraining order, as well as a photograph of the aggressor or the person against whom the order is issued, to the following:

(A) The State and Municipal Police Stations closest to his/her home.

(B) The controlled-access entrances to the community or development where he/she lives, so that the aggressor or person against whom the order is issued may be identified.

(C) His/her closest neighbors.

(D) At his/her workplace, so that security personnel therein are aware of the order issued.

(E) At the children’s school, so that the father/mother against whom the order has been issued is not called for an appointment at the same time as the victim.

(2) Furthermore, the petitioner shall be advised that, at all times, he/she must:

(A) Keep a copy of the restraining order with him/her.

(B) Immediately notify the Police of any violation to the restraining order.

(C) Never allow the aggressor or person against whom the restraining order is issued into his/her home.

(D) Never agree to meet with the aggressor or person against whom a restraining order has been issued, or any person that the victim knows has a connection with such aggressor, at any private or public place.

(E) Never accept telephone calls or answer messages sent via instant messenger or social networks on the Internet or any other communications media sent by the aggressor or person against whom the restraining order is issued, or from any other person that the victim knows has a connection therewith.

(F) Take precautions when walking outside and try never to be alone in public places or in parking lots when returning to his/her motor vehicle.

(G) If the victim sees the party or the person against whom the restraining order has been issued, the former shall go to the nearest police station or any other safe place and notify the Police.

Given that this is a voluntary provision, failure to comply with this measure shall not constitute a violation of any act whatsoever or a transfer of responsibility to the victim. In addition to the provisions set forth herein, the court may include any other deemed pertinent.

History —Aug. 15, 1989, No. 54, p. 199, § 2.6, eff. 90 days after Aug. 15, 1989; Aug. 29, 2011, No. 193, § 1.