Restraining Orders

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