Protection order for sexual violence victims

It is a civil remedy that prohibits whoever committed, caused or assisted in committing sexual assault, lewd acts, sexual harassment or incest from approaching or contacting the victim in any way. It exists apart from domestic-violence or stalking orders because sexual violence does not always happen between partners nor fit the definition of stalking.

Any person who has been a victim of sexual assault, lewd acts, sexual harassment or incest, as defined in Act 146-2012, the "Puerto Rico Penal Code of 2012." A prior criminal complaint or charge is not required. The order may also be requested on the victim's behalf by: the father, mother, a school principal, teacher, law-enforcement officer, the Procurador de Menores or de Asuntos de Familia, a prosecutor, an official authorized by the Family Department, the school social worker, or any family member or person responsible for the minor; and by anyone, when the victim suffers physical or mental incapacity, in an emergency, or when they are otherwise impeded from petitioning themself.

• Have been a victim of sexual assault, lewd acts, sexual harassment or incest, as defined in Act 146-2012.Verified against the official source

• The forms to request and process the order are available at the Secretariat of the Courts of Puerto Rico, which also provides help and guidance to complete them.

1. 1

   Step 1: You do not need to have reported the crime first

   Art. 3 says it plainly: you can request the order "without it being necessary to have previously filed a complaint or charge." The civil protection-order route and the criminal process are independent.

2. 2

   Step 2: File the petition, verbal or written

   The procedure can start with a verbal or written petition, within a pending case between the parties, or at the Prosecution's request. The Courts' Secretariat has forms available and offers help completing them (Art. 7(a)-(b)).

3. 3

   Step 3: If there is immediate risk, request an ex parte order

   The Court can issue it without notifying the respondent beforehand if efforts to notify them failed, if prior notice would likely cause the irreparable harm being prevented, or if you show a substantial probability of immediate risk to your safety or your family's (Art. 7(f)).

4. 4

   Step 4: The hearing is held within twenty days

   The Court summons the parties "under warning of contempt" for an appearance within a term not exceeding twenty (20) days. Failing to appear, when duly summoned, is punishable as contempt of court (Art. 7(c)-(d)).

5. 5

   Step 5: Know what the judge can order

   That the respondent refrain from harassing, pursuing, intimidating or threatening you; that they refrain from entering places where you are, if the Court finds it necessary; that they surrender to the Police any firearm they hold, if it could be used to harm you; and any other order necessary to fulfill the law's purposes (Art. 4).

6. 6

   Step 6: Knowingly violating it is now a felony

   Act 40-2026 reclassified this violation: "any knowing violation of a protection order issued under this Act shall be punished as a felony with a fixed prison term of three (3) years," in addition to constituting contempt of court, with additional penalties of jail, a fine, or both (Art. 10).

Before any Municipal Judge of the Court of First Instance, who may issue the order. The Secretariat of the Courts of Puerto Rico has the forms available and provides help completing and filing them.

• Thinking you must report the crime to police before requesting the order: the law expressly says otherwise.
• Confusing it with the domestic-violence or stalking order: they are different laws for different situations.
• Not appearing at the hearing after receiving the summons: failure to appear when duly summoned is punishable as contempt.
• Believing violating the order only brings a fine: since Act 40-2026 it is a felony with a fixed three-year prison term.
• Assuming only the victim can request it: a family member, teacher, law-enforcement officer or other designated people can request it on their behalf in certain cases.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov