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Protecting an older adult in Puerto Rico: protection order, support and criminal complaint

Last reviewed: August 14, 2026 — VerifiedPoder Judicial

In short

Ley 121-2019 recognizes fundamental rights of older adults and provides three legal remedies for abuse or neglect: the protection order, the support petition, and criminal action. The protection order can be requested by the older adult themselves, their representative, their legal guardian, a law-enforcement officer, a public official, and also anyone interested in their wellbeing; no prior complaint or charge is needed, and it is requested through the Tribunal Electrónico. Knowingly breaching it is a felony: up to two years in prison, a fine of no more than $5,000, or both. The support petition applies when the person cannot cover their costs of sustenance, housing, clothing, recreation and medical care: spouse, descendants, ascendants and siblings can be obliged, and besides the court there is ASUME’s PROSPERA Program. And criminal action covers offences such as abandonment, negligent care, abuse, financial exploitation and lien fraud.

External link

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What is it?

A protection order under this Act is a court order with measures to protect an older adult from another person, when there are sufficient grounds to believe they have suffered abandonment or cruel or negligent treatment causing harm, or exposing them to the risk of harm, to their health, wellbeing or property. That includes physical, emotional, psychological or financial abuse, harassment, coercion, threats, fraud, exploitation, intimidation and emotional harm, among other offences. It can be sought in a new standalone case for that sole purpose, within another pending case between the parties — a Family Relations case, for example — at the prosecution’s request in a criminal proceeding, or as a condition of probation or parole.

Who can do it?

The protection order can be requested by any older adult who has suffered abandonment, abuse, institutional abuse, neglect or institutional neglect, personally or through their representative, legal guardian, a law-enforcement officer or a public official. It can also be requested by anyone interested in the older adult’s wellbeing. The person requesting and the person on whose behalf it is requested are together the petitioning party. For a support petition in court, it can be brought by the older adult themselves or their legal representative or guardian; in PROSPERA it can additionally be brought by a law-enforcement officer, a public or private agency or entity, a public official, or any private person interested in their support.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: If there is danger now: 9-1-1

    If it is an emergency or imminent danger, call or text 9-1-1, or go to the nearest police station. Separately, anyone who knows or suspects abuse, institutional abuse, neglect or institutional neglect of an older adult must report it to the Department of the Family’s Special Investigations Unit, the Elderly Advocate’s Office (OPPEA), or the Police Bureau. The information and the reporter’s identity are confidential.

  2. Step 2: Anyone with an interest can request the protection order

    You do not have to be the older adult or a relative. It can be requested by them, their representative, their legal guardian, a law-enforcement officer, a public official, and also anyone interested in their wellbeing. No prior complaint or charge is needed. It is filed through the Tribunal Electrónico, handled Monday to Friday from 8:30 am to 10:00 pm and Saturdays, Sundays and holidays from 1:00 pm to 10:00 pm.

  3. Step 3: It can issue ex parte, with a hearing in five days

    The court can issue the order ex parte — without citing or hearing the other side — if it finds diligent efforts were made to notify them without success, that prior notice would probably cause the irreparable harm being prevented, or that the requesting party shows a substantial probability of immediate risk of abuse or of being a crime victim. Those orders are provisional and are served immediately. The responding party gets a chance to oppose at the hearing the court sets within the next five days of issuance, and at that hearing the court can vacate, modify or extend it.

  4. Step 4: What the court can order

    Among other things: that the responding party vacate the residence shared with the older adult; refrain from bothering, harassing, pursuing, intimidating or threatening; not approach or enter anywhere the older adult is; pay support where the law provides; not dispose in any way of the petitioning party’s property; provisional measures on possession and use of the residence and movable property; pay the damages caused by the abuse or neglect, which may include moving costs, property repairs, legal, medical, psychiatric, psychological, counselling, guidance, lodging, shelter and assistive-technology expenses; and that the person in charge or owner of the residential or hospital facility where they are take the measures needed so the order is not violated. It can also order reimbursement to the Government for public funds spent when someone failed to take the older adult home or to their care facility after medical discharge.

  5. Step 5: It is hand-delivered, and breaching it is a felony

    Every protection order must be served personally on the party it was issued against, by a marshal, a law-enforcement officer, or any person over 18 who is not a party to the case. Once served, if that person knowingly violates any provision of the order, they commit a felony: if charged and found guilty, they could be sentenced to two years in prison, a fine of no more than $5,000, or both, and the court could order the prison time served as community service.

  6. Step 6: If they cannot afford to live: the support petition

    When an older adult cannot cover their costs of sustenance, housing, clothing, recreation and medical care, their relatives can be ordered to cover them. Those who may be obliged include the spouse, descendants — children and grandchildren — ascendants — parents and grandparents — and siblings. The petition can be filed in a Superior Division of the Court of First Instance. A claim can also be made at ASUME under the PROSPERA Program, which provides an administrative mediation procedure and can refer the matter to an assistant elderly-affairs prosecutor to file a claim in court.

  7. Step 7: If there is a crime: the complaint

    Crimes that can be committed against an older adult include failure to meet the support obligation, abandonment, negligent care, abuse, abuse by threat, financial exploitation, lien fraud, and violating a protection order. To start the process a complaint must be filed with the Puerto Rico Police, and anyone with personal knowledge of the facts can file it. After the police investigation, the prosecution decides whether to open a criminal case in court.

Where to do it

The protection order, through the Judiciary’s Tribunal Electrónico or with the equipment available at the nearest courthouse. The support petition, in a Superior Division of the Court of First Instance, or at ASUME under the PROSPERA Program. The criminal complaint, at the Puerto Rico Police. Abuse referrals, to the Department of the Family’s Special Investigations Unit, to OPPEA, or to the Police Bureau.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If the person is your grandmother, grandfather, mother or father and what you want is to protect them from whoever is abusing them or taking their money, these are the remedies that apply. If what you want is an administrative complaint before the Elderly Advocate’s Office, that is a separate procedure with its own guide; this one covers the three judicial remedies of Ley 121-2019. If the problem is a relative draining the accounts or putting liens on the house, financial exploitation and lien fraud are named crimes, and the protection order can bar the responding party from disposing in any way of the older adult’s property. If the problem is an institution, the Act requires operators of medical-hospital facilities to complain to the Police when they find abandonment, and to inform the Department of the Family of the identified relative or guardian. This guide gives no cost or timeframe: the Judiciary’s page publishes neither for these remedies. PRFácil does not receive reports and does not represent anyone in court.

Common mistakes

  • Believing only family can request the order: anyone interested in the older adult’s wellbeing can.
  • Waiting to file a police complaint first: no prior complaint or charge is needed for the protection order.
  • Assuming the support obligation falls only on children: it also reaches the spouse, ascendants and siblings.
  • Treating a breach of the order as minor: it is a felony, with up to two years in prison and a fine of up to $5,000.
  • Forgetting PROSPERA: besides the court, ASUME has an administrative mediation procedure that can refer the case to an assistant prosecutor.
  • Not asking the order to bar disposal of property when the problem is financial exploitation.

Frequently asked questions

Who can request the protection order?

The older adult who suffered abandonment, abuse, institutional abuse, neglect or institutional neglect, personally or through their representative, legal guardian, a law-enforcement officer or a public official. And also anyone interested in their wellbeing.

What happens if the order is violated?

Once served, anyone who knowingly violates any provision of the order commits a felony. If charged and found guilty, they could be sentenced to two years in prison, a fine of no more than $5,000, or both, and the court could order the prison time served as community service.

Who can be ordered to provide support?

When the older adult cannot cover their costs of sustenance, housing, clothing, recreation and medical care, the spouse, descendants — children and grandchildren — ascendants — parents and grandparents — and siblings can be ordered to cover them. It can be filed in a Superior Division of the Court of First Instance or claimed at ASUME under the PROSPERA Program.

Where do I report a suspicion of abuse?

Anyone who knows or suspects an older adult is a victim of abuse, institutional abuse, neglect or institutional neglect must report it to the Department of the Family’s Special Investigations Unit, the Elderly Advocate’s Office (OPPEA), or the Police Bureau. The information and the reporter’s identity are confidential.

Official sources

These are the government pages this guide is based on.

Last verified

August 14, 2026

MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.

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