P.R. Laws tit. 8, § 346e

2019-02-20 00:00:00+00
§ 346e. Ex parte orders

Other legal provisions notwithstanding, the court may issue an ex parte restraining order should it determine that:

(a) Diligent, although unsuccessful steps have been taken to serve the defendant with a copy of the summons issued by the court and the petition filed with the court, or

(b) there is a probability that the act of previously serving the defendant shall cause the irreparable damage which is sought to be avoided by requesting the restraining order, or

(c) when the petitioner shows that there is a substantial probability of immediate risk of abuse or becoming the victim of any crime.

Whenever the court issues an ex parte restraining order it shall be of a provisional nature and the court shall immediately serve the defendant with a copy thereof or in any other manner and shall provide the defendant with an opportunity to challenge said order. For this purpose it shall schedule a hearing to be held within the following five (5) days after the ex parte order has been issued, unless the defendant requests an extension to such effect and shows just cause. During said hearing the court may render the order ineffective, modify it or extend its effects for the term it may deem necessary.

History —July 12, 1986, No. 121, p. 389, added as § 6.5 on Jan. 6, 1998, No. 9, § 2, eff. 60 days after Jan. 6, 1998.