P.R. Laws tit. 8, § 346a

2019-02-20 00:00:00+00
§ 346a. Restraining orders

Any elderly person who has been the victim of abuse or of conduct which constitutes a crime as typified in the Penal Code of the Commonwealth of Puerto Rico or in any other special law, may pro se, or through a legal representative, law enforcement officer, guardian or public official or any private person interested in the welfare of the elderly person, file a petition before the court and request a restraining order, without first having to file a complaint or an accusation. After the court has determined that there are sufficient grounds to believe that the petitioner has been the victim of physical, mental or psychological abuse, harassment, coercion, intimidation or any other crime, it may issue a restraining order. Said order may include, without it being construed as a limitation, the following:

(a) An order for the defendant to vacate the residence he/she shares with the petitioner, regardless of the right claimed thereon.

(b) An order for the defendant to abstain from molesting, harassing, persecuting, intimidating or threatening an elderly person or in any other way interfering with his/her rights as acknowledged in this chapter.

(c) An order for the defendant to abstain from entering any place where the petitioner may be found, when at the discretion of the court, said restriction may be necessary to prevent the defendant from molesting, intimidating, threatening, disturbing the peace or otherwise interfering with the petitioner.

(d) An order for the defendant to pay support if legally bound to do so.

(e) An order prohibiting the defendant from disposing in any way of the private property of the petitioner. Provided, That when the administration of a business, commercial or industrial concern is involved, the party against whom the order is issued must submit a monthly financial report to the court accounting for its administrative efforts.

(f) An order concerning any of the provisional measures regarding the possession and use of the residence of the parties and other chattels.

(g) An order for the defendant to pay financial compensation from his/her own estate for the damages caused by his/her abusive behavior. Said compensation may include, but shall not be limited to a compensation for moving expenses, expenses for repairs to the property or for legal, medical, psychiatric, psychological, counseling, orientation, housing, lodging, assistive technology or any other such similar expenses, without prejudice to other civil actions to which the petitioner may be entitled.

(h) An order for the owner or person in charge of a residential or hospital establishment, where the petitioner may be found, to take the necessary measures to ensure that the order or any part thereof is not violated.

(i) Any other order issued as needed to comply with the purposes and public policy of this chapter.

History —July 12, 1986, No. 121, p. 389, added as § 6.1 on Jan. 6, 1998, No. 9, § 2; Aug. 7, 2008, No. 196, § 4.