Restraining Orders

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