P.R. Laws tit. 33, § 4016

2019-02-21 00:00:00+00
§ 4016. Procedure for the [issuance] of restraining orders

(a) The procedure [for obtaining] a restraining order may commence through the filing of a verbal or written petition; or in any case that is pending between the parties; or by request of the District Attorney in a criminal procedure, or as a condition to enjoy a suspended sentence or parole.

(b) To expedite the procedure for interested parties to obtain a restraining order under §§ 4013—4026 of this title, the Office of the Courts Administration shall have forms available in the Office of the Clerk of the Courts of Puerto Rico, to request and execute said order. It shall also provide the help and guidance needed to complete and present them.

(c) Once the petition for a restraining order has been filed pursuant to the provisions of §§ 4013—4026 of this title, the court shall issue a summons to the parties, to appear within a term that shall not exceed five (5) days, under admonition of contempt. Notice of the summons and a copy of the petition shall be executed pursuant to the Puerto Rico Rules of Civil Procedure of 2009, as amended, and shall be served by an officer of the court or by any other police officer, as soon as possible, and shall have preference over any other type of summons, except those similar in nature. The court shall keep a file for each case in which it shall record every summons issued under §§ 4013—4026 of this title.

(d) Failure of a person who has been duly summoned under §§ 4013—4026 of this title to appear, shall be punished as criminal contempt to the court that issued the summons.

(e) When the petition is filed, the notice thereof shall be executed pursuant to what is established in the Puerto Rico Rules of Civil Procedure of 2009, as amended. By request of the petitioners, the court may direct for the petition to be served by any person over eighteen (18) years of age who is not a party to, nor has any interest in the case.

History —Aug. 21, 1999, No. 284, § 6, eff. 90 days after Aug. 21, 1999.