Domestic violence in Puerto Rico: what Ley 54 covers and what you can ask the court for

Ley 54-1989, the “Domestic Violence Prevention and Intervention Act”, defines domestic violence as using any of these: threats; abuse or physical force, which includes hitting, shoving, strangling and suffocating; intimidation; pursuit; cyber violence; psychological violence, which the Act describes as dishonouring, discrediting or belittling, insults, blackmail, constant surveillance — including using electronic devices to learn location and movement — and isolation; sexual violence within the couple; and economic violence, which is unreasonably limiting access to and management of shared assets or money. The harm caused or attempted can be to another person, physical harm to the victim or their property, serious emotional harm, or harm to a companion animal or pet.

The conduct can be alleged against a spouse or former spouse, a person you live or have lived with, a person you had a child with, and a person you have or have had a consensual or partner relationship with. An affective relationship must exist or have existed between the parties: without one it is not domestic violence under Ley 54-1989, although it may be stalking under Ley 284-1999. The Judiciary’s page states expressly that you can seek help regardless of your sex, sexual orientation, gender identity, marital status or immigration status. The Act protects every affective relationship, regardless of whether the parties live together or have sexual relations, which includes adolescent dating relationships that are consensual. When a person under 18 faces dating violence — physical violence or a pattern of psychological or emotional violence — they can ask the court for a Ley 54-1989 protection order, and for that process they must be accompanied by an adult.

• That an affective relationship exists or existed between the parties: spouse or former spouse, a person you live or lived with, a person you had a child with, or a person you have or had a consensual or partner relationship with.Verified against the official source
• The protection applies regardless of the person’s sex, sexual orientation, gender identity, marital status or immigration status.Verified against the official source
• The protection order is requested through the Tribunal Electrónico remotely, or with the technology available at the nearest courthouse.Verified against the official source
• For provisional spousal support between spouses or former spouses, two things must be established: the need to receive it and the aggressor’s economic capacity to provide it.Verified against the official source

• The Judiciary’s page publishes no list of documents required for the request. It does recommend having and keeping evidence at hand: medical records or photos of injuries, marks or bruises, and evidence of communications from the aggressor by phone, text message, social media, regular or electronic mail.

1. 1

   Step 1: If you are in danger now: 9-1-1

   If you are in danger, call the 9-1-1 Emergency System or go to the nearest police station. There you can also ask for a criminal complaint to be filed against whoever abused you.

2. 2

   Step 2: Check the list, even if nobody is hitting you

   Ley 54-1989 is not limited to blows. It recognizes threats, abuse or physical force, intimidation, pursuit, cyber violence, psychological violence — dishonouring, discrediting or belittling, insults, blackmail, constant surveillance including electronic devices to learn your location and movement, isolation — sexual violence within the couple, and economic violence, which is unreasonably limiting your access to and management of shared assets or money.

3. 3

   Step 3: Request the order, and ask for everything you need

   The order is requested through the Tribunal Electrónico. You can ask that the aggressor stop the abuse, intimidation and threats toward you, your children and your household; vacate the home shared with you; surrender any firearm to the Police and have any carry, possession, target-shooting or hunting licence suspended, even where it is part of their professional duties; not enter your home, the shelter where you are, your relatives’ homes, your school or your children’s, or your workplace; not take the children out of the jurisdiction; not approach your pets or service animals; not come near you and keep a minimum of 50 metres; not contact you by any means or through third parties; not interfere with your work or affect your reputation or professional standing; and stop loitering around your home, workplace or place of study.

4. 4

   Step 4: The financial remedies belong in the order too

   You can ask for economic compensation that may include moving costs, property repairs, legal and medical expenses; payment of rent or mortgage on the main residence while the order lasts; that they not dispose of separate or community property; that they not misuse your financial resources, including money, assets and credit information; that they file monthly reports on any business you run together; and that they share all financial information on joint accounts or accounts your children have an interest in. If you are or were married, you can request provisional spousal support for yourself if you establish the need and the aggressor’s economic capacity.

5. 5

   Step 5: The children and the phone

   You can ask the court for provisional custody of your minor children, suspension of all visitation while you are in a shelter, provisional child support for the children in your custody while the order lasts, and any other determination for their best wellbeing. You can also request an order to enter your home to collect your personal belongings accompanied by a Police officer. And under Article 3.10(A) of Ley 54-1989, you can ask the court to order your wireless carrier to give you a new number and, if needed, transfer responsibility and control over one or more numbers into your name, at no additional cost.

6. 6

   Step 6: After the order: a copy at the station, and an escape plan

   You are advised to deliver a copy of the order at the state or municipal police station nearest your home. Under Ley 54-1989, the Women’s Advocate Office’s Escape Plan and the Interagency Protocol, you should also: give a copy of the order with a photo of the aggressor at your workplace, to security staff where you live, to your immediate neighbours and at your children’s school; keep evidence of any communications you receive; identify a relative who can support you if you have to flee; keep the order with you at all times; prepare an escape plan with easy access to documents, medicine, clothes and emergency numbers; seek medical help if you were physically harmed; and photograph the injuries. If you travel to the United States, take the order: it is valid in Puerto Rico, the United States and its territories.

7. 7

   Step 7: If there is also a case in court

   Tell the prosecutor the name of anyone helping you, and whether the aggressor owns firearms, target-shooting weapons or any other kind. Show them your protection order and the medical record or photos. Sit as far as possible from the aggressor: you do not have to speak to or look at them, or at their family or friends. Ask a friend or relative to come with you. And you can ask the court or the marshal to keep that person in the courtroom for a while until you have left the courthouse.

The criminal complaint goes to the nearest police station. The protection order goes through the Tribunal Electrónico remotely or with the technology available at the nearest courthouse. For more information, the Domestic Violence Case Program, under the Judicial Programs Directorate of the Office of Court Administration, at (787) 641-6600, extensions 5702, 5704, 5741 and 5743.

• Believing it only counts if there are blows: the Act recognizes psychological, cyber, sexual and economic violence.
• Thinking immigration status bars you from seeking help: the Judiciary’s page says expressly that it does not.
• Requesting the order under Ley 54 when no partner relationship exists or existed: that is stalking, Ley 284-1999.
• Asking only for distance and leaving out the financial remedies, the firearms, the pets or the phone number: they must be requested in the petition.
• Not delivering a copy of the order at the police station, your workplace and your children’s school.
• Travelling to the United States without the order: it is valid there and in the territories, but you have to carry it.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary’s Tribunal Electrónico

  Poder Judicial

  poderjudicial.pr