P.R. Laws tit. 8, § 448b

2019-02-20 00:00:00+00
§ 448b. Procedure for issuance

(a) Initiating the action.— The procedure to obtain a protection order may be initiated:

(1) By submitting an oral or written petition;

(2) as part of any pending case of custody or termination of patria potestas, or as part of any proceeding under this chapter, or

(3) at the request of the Family Advocate or any prosecutor in a criminal proceeding, or as a condition for probation or parole.

(b) To facilitate the procedure to obtain a protection order under this chapter, the Courts Administration shall have simple forms available at the Office of the Clerk of the Puerto Rico Courts to request and process the order. It shall also provide the help and orientation necessary to fill out and submit said orders.

(c) Once the petition for a protection order is submitted, 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 done pursuant to the Rules of Civil Procedure, App. IV of Title 32, and shall be served by a marshal or law enforcement officer within a term not to exceed twenty-four (24) hours after [having] been submitted. 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 shall be punishable pursuant to the law.

History —Aug. 1, 2003, No. 177, § 59; Sept. 16, 2004, No. 352, § 3; Sept. 16, 2004, No. 356, § 7.