Restraining Orders

A sexual violence protection order is a civil order issued by a judge to protect a victim of sexual violence from other incidents of abuse. You do not need to file a complaint with the police or criminal charges to qualify for this order.¹

¹ 8 L.P.R.A. § 1281

There are two types of orders: ex parte temporary orders and final orders. 

Depending on the circumstances, a judge might give you an ex parte temporary protection order on the same day that you file your petition. Ex parte means that it is granted without the abuser being notified beforehand or present at the hearing. This type of order may be granted if:

• it has not been possible to serve the other party a copy of the summons and petition despite diligently trying;
• serving the other party is likely to cause you irreversible (irreparable) harm, which is what the requested protection order is meant to prevent; or
• there is a strong possibility of an immediate risk to your safety or the safety of a family member.¹

If an ex parte order is issued, the other party must be served with it within 48 hours from when it was issued. This service of process must:

• include a copy of the order and any other forms;
• let the other party know that s/he can object to the order; and
• include the date for the hearing, which must take place within 20 days from when the order was issued.¹

During this hearing where both parties are present, the judge can either dismiss the sexual violence protection order or issue a final protection order for whatever time period s/he believes is necessary.¹Among other things, the final order must include the protections ordered and how long it will last.²

¹ 8 L.P.R.A. § 1285(f)
² 8 L.P.R.A. § 1286(a)