P.R. Laws tit. 33, § 4017

2019-02-21 00:00:00+00
§ 4017. Ex parte orders

The court may issue an ex parte restraining order, if it determines that:

(a) Diligent efforts have been made to serve the respondent party with a copy of the summons issued by the court, and of the petition that was filed before the court and has not been successful; or

(b) there is a probability that giving prior notice to the respondent party, would provoke the irreparable damage that is intended to be prevented by requesting the restraining order, or

(c) the petitioner shows that there is a substantial probability of imminent risk to the safety of the petitioner and/or any member of his/her family.

Whenever the court issues an ex parte restraining order, it shall be done provisionally. It shall immediately serve the respondent party with a copy thereof, or otherwise, and shall provide an opportunity to him/her to oppose it. To such effects it shall schedule a hearing to be held within five (5) days following the issuing of said ex parte order, unless the petitioning party requests an extension, to such effect. During said hearing, the court may render the order ineffective, or may extend its effect for whatever term it deems necessary.

History —Aug. 21, 1999, No. 284, § 7, eff. 90 days after Aug. 21, 1999.