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EspañolWhat is an order of protection for the welfare and protection of children?
A child protective order is a civil court order that is signed by a judge when s/he believes that a child has been, or is at immediate risk of becoming, a victim of abuse or neglect. Taking into account the best interests and safety of the child, the judge can order the person responsible for the abuse or neglect to stop certain acts or behaviors.1
1 See 8 L.P.R.A. §§ 1758-1764
What is the legal definition of child abuse in Puerto Rico?
Child abuse is when a parent or guardian intentionally does something, or fails to do something, that harms a child or puts a child at risk. The following acts are considered child abuse:
- obscene behavior or using a child to behave in an obscene manner;
- allowing another person to harm or endanger the physical, mental, or emotional health of a child;
- voluntarily abandoning a child;
- when a parent or guardian exploits the child or allows another person to do so by forcing or allowing the child to perform any act, including but not limited to, using the child to perform an obscene act for the parent’s/guardian’s benefit;
- an act that, if criminally prosecuted, would be a crime against the child’s physical, mental, and emotional health and integrity, including sexual abuse of the child or human trafficking; and
- committing domestic violence in front of a child.1
1 8 L.P.R.A. § 1643(aa)
What types of child protective orders are there? How long do they last?
Temporary ex parte protective order
An ex parte order means that it is granted without giving prior notice to the other party. The court can issue a temporary ex parte order if the judge determines that:
- it was not possible to notify the abuser after diligent attempts;
- notifying the abuser beforehand might cause the harm that you are trying to avoid by applying for the order of protection; or
- the petitioner proves that there is a good chance of immediate risk of abuse.1
If the order is granted, the court will arrange for the abuser to be served with the papers immediately. The judge will schedule a hearing for a final protective order within the next five days.1.
Protective order
This order is designed to protect a child from abuse or neglect for a longer period of time than the ex parte order. A protective order can be issued after a hearing in front of a judge in which both parties have the opportunity to tell their sides of the story. After the hearing, the judge will decide if s/he will issue a final order or not. If the judge issues an order, it will include:
- a list of protections and how long the order will last;
- the date and time the order was granted; and
- a warning letting the abuser know that violating the order can result in jail time, a fine, or both.2
1 8 L.P.R.A. § 1761
2 8 L.P.R.A. § 1762
Who can apply for a child protective order?
The following people can file for an order on behalf of a child who is being abused/neglected or at risk of immediate abuse or neglect:
- the child’s parent or guardian;
- the school principal;
- a school social worker;
- a teacher, tutor, or caregiver;
- a recreational leader or a sports or recreational activities coach;
- spiritual leader;
- neighbors from the child’s community;
- a police officer;
- a child advocate or an advocate of family matters (Procurador/a de Menores o Procurador/a de Asuntos de Familia);
- a prosecutor;
- an officer authorized by the Department of Family Services; or
- a family member.1
1 8 L.P.R.A. § 1758
What protections can I get in a child protective order?
The judge can do any of the following:
- grant temporary custody of the child to the petitioner or to the closest family member who can provide for the best interests and safety of the child;
- if the abuser has custody of the child, s/he can be ordered to move out of the home regardless of any legal rights s/he has to the home;
- if the abuser is ordered to move out of the home, the judge can order that s/he pay the rent/mortgage or child support if s/he has a legal obligation to do so;
- order the abuser to:
- not bother, harass, stalk, intimidate, threaten, or interfere with the temporary custody that was granted as part of the order;
- stay away from the child or any place where the child is;
- attend a program or treatment center to control his/her abusive or neglectful behavior;
- pay for any treatment or program the child may need as a result of the abuse; and
- anything else that the judge believes is necessary.1
However, the judge cannot give temporary custody of a child to the Department of Family Services (DFS) with this order. Instead, the judge must immediately notify DFS that a child has been, or is at immediate risk of being, an abused or neglected child. DFS must then conduct an investigation and act according to their legal responsibility.1
1 8 L.P.R.A § 1760
What are the steps to get a child protective order?
The steps for getting a child protective order are similar to the steps for getting a protection order for an adult victim of domestic violence. However, the process for how this type of protective order is started may be different because. it can begin:
- by filing a written or oral petition in court;
- as part of any pending custody case or termination of parental rights case;
- through a petition from a child advocate, an advocate of family matters, or a prosecutor within a criminal process or as part of the terms of probation or parole; or
- as part of any other proceeding based on this law.1
The necessary court forms are available at the courthouse. The court staff may also offer guidance on how to fill out and file the forms. Once the petition has been filed, the court will send a summons to both parties for a hearing at the court. This hearing must take place within 48 hours after the order was requested. If a person who is summoned to court does not show up, s/he can be charged with contempt of court.1
1 8 L.P.R.A. § 1759
What happens if the abuser violates the child protective order?
If you believe that the abuser has violated the child protective order, you can call the police to report the violation. Violation of an order can be considered a felony in the fourth degree.1 You can also file a petition for contempt of court in the court that issued the order, which can result in a jail sentence, a fine, or both.2
1 8 L.P.R.A. § 1764
2 See 8 L.P.R.A. § 1762
