English
EspañolWhat 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
