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Legal Information: Puerto Rico

Restraining Orders

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March 19, 2017

Who can file for an order of protection for the elderly?

Any elderly person (age 60 or older) who has been a victim of abuse or any other crime in the Puerto Rico Penal Code can apply for an order of protection without the need to file a police report or criminal charges.  When the judge determines that there is sufficient reason to believe that the petitioner has been a victim of abuse or of any other crime, s/he can issue an order of protection.1

In addition, the elderly person can apply for an order of protection through someone else if the elderly person cannot go to court to file the order for any of the following reasons:

  • s/he suffers from a physical or mental disability; 
  • in case of emergency; or
  • when the person is prevented from apply for him/herself. 2

1 8 L.P.R.A. § 346a
2 8 L.P.R.A. § 346c