Legal Information: Puerto Rico

Restraining Orders

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November 25, 2023

What are the steps to getting this order of protection?

The steps to get an order of protection for the welfare and protection of children are similar to the steps for getting a protection order for an adult victim of domestic violence.  However, the way in which a proceeding for this type of order of protection is started may be different.  Specifically, the proceeding to file for an order of protection for the welfare and protection of children can begin:

  • by filing a written or oral petition;
  • as part of any custody case or deprivation of parental rights case;
  • through a petition from the advocate of Family Matters, an advocate of children, or any prosecutor within a criminal process or as part of the terms of probation or conditional discharge; or
  • within any other legal proceeding.1

The necessary court forms that are needed to file a petition for this order of protection will be available at the courthouse, as well as help and guidance on how to fill out and file the forms.  Once this process is completed, the court will send a summons to both parties for a hearing at the court.  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. § 1182

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