Stalking in Puerto Rico: what counts, and how to request a protection order

A stalking protection order is the set of measures and conditions the court imposes so the person committing the stalking stops. It is requested under Ley 284-1999, which is different from Ley 54-1989 on domestic violence: stalking does not require that a partner relationship exists or ever existed between the parties. The request is filed through the Tribunal Electrónico, remotely from wherever you are or using the technology available at the nearest courthouse during business hours. Protection-order requests are handled Monday to Friday from 8:30 am to 10:00 pm, and Saturdays, Sundays and holidays from 1:00 pm to 10:00 pm; if you file outside that window, the request is evaluated the following day.

The following can request a stalking protection order: the stalked person; their legal representative; a law-enforcement officer, for example a police officer; and the employer, if the stalked person is their employee and the acts occur at or near the workplace, after notifying the stalked person of the intention to request it. In addition, in emergencies, or if the stalked person is mentally or physically incapacitated, or cannot request it themselves, another person may file the petition. No prior police complaint or charge is required.

• A repetitive and persistent pattern of conduct, carried out on two or more occasions, with the intent to intimidate a person or their relatives.Verified against the official source
• No prior police complaint or charge is needed to request the protection order.Verified against the official source
• If the employer requests it, they must first have notified the stalked person of their intention, and the acts must occur at or near the workplace.Verified against the official source
• The request is filed through the Tribunal Electrónico, remotely or with the technology available at the nearest courthouse during business hours.Verified against the official source

• The Judiciary’s stalking page publishes no list of documents required for the request; the filing is done through the Tribunal Electrónico form.

1. 1

   Step 1: If the danger is now, call 9-1-1

   If you are in an emergency or facing imminent danger, call or text 9-1-1, or go to the nearest police station. A protection order is a court remedy, not an emergency service.

2. 2

   Step 2: Check whether what is happening is the pattern the law defines

   Ley 284-1999 defines stalking as an intentional pattern of conduct: keeping surveillance over a person — including using technological devices to determine their real-time location without their express authorization — sending unwanted communications or written, verbal or implied threats, committing acts of vandalism directed at that person, or repeatedly harassing them with words, gestures or actions to intimidate, threaten or pursue them or their relatives. The pattern must be repetitive and persistent, on two or more occasions, with intent to intimidate.

3. 3

   Step 3: File through the Tribunal Electrónico

   The request is filed through the Tribunal Electrónico, remotely from wherever you are, or using the technology available at the nearest courthouse during business hours. No prior police complaint or charge is needed.

4. 4

   Step 4: Keep the handling shift in mind

   Protection-order requests are handled Monday to Friday from 8:30 am to 10:00 pm, and Saturdays, Sundays and holidays from 1:00 pm to 10:00 pm. If you file outside that window, the request will be evaluated the following day. That is why, if the situation cannot wait, the route is 9-1-1 or the police station.

5. 5

   Step 5: Ask for the measures you need

   The judge can order, among other things, that the stalker refrain from bothering, harassing, pursuing, intimidating or threatening you; not enter or be where you are; keep a minimum distance of 50 metres; pay economic compensation if they caused damage, for example property repairs, moving costs, legal or medical expenses; and immediately surrender to the Puerto Rico Police any firearm in their possession.

6. 6

   Step 6: If the stalking is by phone, request the Article 16(A) order

   Under Article 16(A) of Ley 284-1999, you can ask the court to issue an order to your wireless carrier to provide you a new phone number and, if needed, transfer responsibility and control over one or more numbers to the petitioning party, at no additional cost. This is requested as part of the protection order, through the Tribunal Electrónico.

Through the Judiciary’s Tribunal Electrónico, remotely, or with the technology available at the nearest courthouse during business hours. In an emergency or imminent danger, 9-1-1 or the nearest police station.

• Believing a prior police complaint or charge is required: it is not, to request the order.
• Thinking stalking requires a partner relationship: that is Ley 54-1989, not Ley 284-1999.
• Filing over a single incident: the law defines the pattern as two or more occasions with intent to intimidate.
• Not mentioning GPS or app tracking: the law expressly covers technological devices that determine real-time location without express authorization.
• Filing outside the handling hours expecting an immediate response: outside that window it is evaluated the next day, and 9-1-1 is the route for what is urgent.
• As an employer, requesting it without first notifying the stalked employee of the intention to do so.

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