Domestic Violence
Law No. 54 of 1989, known as the Domestic Abuse Prevention and Intervention Act, as amended, establishes that domestic violence is a crime and defines it as a constant pattern of conduct involving physical force or psychological abuse, intimidation, or persecution against a person by their partner or former partner to physical harm them, their property, or another person or to cause them serious emotional harm.
In order for it to be considered domestic violence, there must be or there must have been a personal relationship between the parties.
General information on domestic violence
What is domestic violence?
Law No. 54 of 1989 defines domestic violence as a constant pattern of behavior using:
- threats
- physical force (blows, shoves o pushes, strangle, asphyxiate, among others)
- intimidation
- persecution
- psychological violence (dishonor, discrediting, or contempt, insults, unreasonable limitation to access and management of common property or money, blackmail, constant surveillance, isolation, among others)
- sexual violence within the relationship
Whom can be charged with pattern of domestic violence?
It can be alleged against
- your spouse or ex-spouse
- a person you live with or have lived with
- a person with whom you have had a child
- a person with whom you have or had a consensual or couple relationship
What type of harm is caused or attempted during an event of domestic violence?
It can be:
- harm to another person
- physical damage to the victim or their property
- severe emotional damage
What can you do if you are facing or believe you are facing a situation of domestic violence?
If you are facing or believe you are facing a situation of domestic violence, regardless of your sex, sexual orientation, gender identity, marital status, or migratory status, you can:
- go to the nearest Police headquarters and file a complaint against the person who abused you
- appear, with or without legal counsel, before any part of the Court of First Instance and request, without the need for a prior accusation, a protection order that would require the aggressor to:
- stop their abuse, intimidation, and threats against you, your children, and other people within your household
- abandon the home they share with you
- hand over to the Puerto Rico Police any firearm in their possession, even if they have a carrying, possession, or target shooting license
- pay you temporary child support, if you are married or have been married, provided you establish: 1) the need to receive said support and 2) the financial capacity of the aggressor to provide it
- to enter your house, the shelter where you are, your family’s house, the educational institution you attend, or the one your children attend, or the business or place where you work
- to approach your pets
- to contact or try to contact you by any means (telephone calls, text messages, emails, regular mail, social networks), or through third parties
- pay financial compensation, which may include moving expenses, property repairs, legal expenses, medical expenses, among others
- stop approaching or lurking near your home, workplace, or place of study
- provisional custody of your minor children
- temporary child support, for the duration of the protection order, for your underage children in your custody
- an order to enter your home to look for your personal belongings or to the place where you are, accompanied by a Puerto Rico Police officer
In addition, you can request the court to grant you:
What happens once the court issues the protection order?
After the court issues the protection order, it is recommended that the requesting party (the person who requested the order) deliver a copy of that order to the state or municipal Police headquarters closest to their residence.
In addition, if the requesting party is married to the aggressor, they may request their attorney to file an action for divorce, or file it in their own right at the Clerk of the Court.
If the requesting party has children with the aggressor, even if they are not legally married, they may file an action for custody and support before the Court. They can also file a petition for child support at any of the local offices of the Child Support Administration (ASUME).
Also, and according to Section 3.10(A) of Law No. 54 of1989, you may request that the court issue an order to the wireless telephone service company to provide a new telephone number and, if necessary, transfer liability and control over one or more telephone numbers to the requesting party, at no additional cost.
If you are in danger, call the 9-1-1 System or the nearest Police headquarters.
What should you do for your safety and that of your family in a situation of domestic violence?
According to Law No. 54 of 1989, the Escape Plan of the Women’s Advocate Office, and the Interagency Protocol to Provide Guidance to Victims of Domestic Violence and to Coordinate Information Exchange, you must:
- deliver a copy of the protection order with a photo of the aggressor to your place of employment, to security personnel at your place of residence, to your immediate neighbors and at the school your children attend
- save proofs of communications from the aggressor towards you made by phone, text message, social networks, regular mail, or email
- identify a family member who provides support in case the need to escape arises
- maintain your protection order with you all the times
- preparing an escape plan for emergency situations that includes easy access to important personal documents, medicines, clothing, and emergency phones, and the location of the nearest Police headquarters; a legal intercessor may help you in this process
- if you travel to the United States, you must make sure to have your protection order handy since the protection order is valid in Puerto Rico, the United States, and its territories
- ask for medical help if you have suffered any physical harm
- take pictures of the wounds or injuries you have
What can you do if you have a case pending in the court?
If you have a case pending in the court, you must:
- inform the prosecutor of the name of any person who is helping you
- inform the prosecutor or the court if the aggressor has firearms, target shooting weapons, or weapons of any kind
- show the prosecutor your protection order and the medical record about the wounds or photos of the wounds, marks, or bruises
- sit as far away as possible from the aggressor; remember that you do not have to talk or look at the aggressor or their family or friends who are present
- ask any of your friends or any family member to accompany you during your visits to the court
- request the Court or the marshal to keep the person in the room for a while until you have time to leave the court
Whom can you contact for more information?
You can contact the Domestic Violence Program, attached to the Directorate of Judicial Programs of the Office of Court Administration at (787) 641-6600 extensions 5702, 5704, 5741, and 5743.
Reviewed: November 2024