Restraining Orders

There are two types of orders of protection for older adults.

An ex parte temporary protection order is meant to protect a victim until the court hearing for a more permanent protection order. Ex parte means that it is issued without the abuser being notified.

The ex parte temporary protection order can be issued if the judge determines:

• that the abuser (respondent) could not be served, even though there were diligent efforts to do so;
• it’s possible that the older adult would be at immediate risk of harm if the respondent received notice; or
• the older adult can show that it’s likely they’d be abused or a victim of a crime.¹

After issuing an ex parte order, the court will immediately notify the abuser and provide an opportunity for them to oppose it. A hearing will be scheduled within 5 days of when the ex parte order is issued. After the hearing, the judge will decide whether to grant a more permanent order.¹

A protection order is meant to protect the older adult from abuse in a more permanent way than an ex parte order. It can be issued after a court hearing in front of a judge, during which both parties have the opportunity to present their versions of what occurred. After the hearing, the judge can grant a protection order for any period the judge believes necessary.¹

¹ 8 L.P.R.A. § 1523