The procedure to obtain a protection order may be initiated by filing an oral or written petition, as part of any pending custody or termination of parental rights case, or as part of any proceedings under this chapter.
The order may also be issued at the request of the Advocate for Family Affairs, the Advocate for the Protection of Minors, or any prosecutor in criminal proceedings, or as a condition for probation or conditional release.
To facilitate the process for obtaining a Protection Order under this chapter, the Courts Administration shall have simple forms to petition and process such order available at the Office of the Clerk of the Courts of Puerto Rico. Likewise, it shall provide any assistance and information necessary to fill out and file said Orders.
Once the petition for a Protection Order is filed, the court shall issue a summons to the parties under penalty of contempt to appear within a term that shall not exceed forty-eight (48) hours. The notice of summons and a copy of the petition shall be made pursuant to the Rules of Civil Procedure and shall be served by a marshal, law enforcement officer, any person 18 years or older who is not a party to the case, or pursuant to the procedure set forth in the Rules of Civil Procedure, within a term not to exceed twenty-four (24) hours after being filed. Failure to appear by a person who has been duly summoned shall be deemed as criminal contempt of the court that issued the summons and be punishable pursuant to the law.
History —Dec. 16, 2011, No. 246, § 64, eff. 90 days after Dec. 16, 2011.