In short
This route is new: Act 104-2026 added Articles 18 through 28 to the Bill of Rights for People with Disabilities, creating a dedicated protection order. It may be requested by any person with a disability who has been, is being, or is threatened with being a victim of neglect, harassment, physical or psychological abuse, coercion, intimidation, neglect, abuse, sexual abuse, threats, financial exploitation in any of its forms, or conduct constituting a crime, committed against them by any natural or juridical person. The law expressly says it may be petitioned without any prior complaint or accusation being filed. The proceeding may begin by verbal or written petition, within a pending case between the parties, or at the prosecutor’s request in a criminal proceeding or as a probation condition. Once filed, the court summons the parties to a hearing within a term not exceeding five (5) days, and may issue the order ex parte — provisionally — when prior notice would cause the very harm sought to be prevented or when there is a substantial probability of immediate risk. Knowingly violating the order is a felony: a fixed term of two (2) years’ imprisonment, a fine not exceeding five thousand dollars ($5,000), or both, and courts must impose electronic supervision if they grant any suspended sentence.
What is it?
It is a court order the Court of First Instance issues when it finds sufficient grounds to believe the petitioner has been, is being, or is under a real threat of being a victim. What the order may include is listed in Article 18 and goes beyond "stay away": ordering the respondent to vacate the residence shared with the petitioner, regardless of what right they claim over it; to refrain from bothering, harassing, following, intimidating or threatening harm to property, third parties, belongings or valued possessions — including pets; to refrain from approaching or entering anywhere the petitioner is; to pay support if legally warranted; prohibiting them from disposing in any way of the petitioner’s property; provisional measures on possession and use of the residence and of jointly-owned movable property; paying economic compensation for the damages caused; and ordering the owner of an institution, residential or hospital establishment where the person is, or their employer, to take the steps needed to ensure compliance.
Who can do it?
Article 20 opens the door to five kinds of petitioner. Any person with a disability aged eighteen (18) or older, for themselves. Any person aged eighteen (18) or older on behalf of another person with a disability, when that person has a physical or mental incapacity, in an emergency, or when they cannot request it themselves. A father or mother on behalf of a minor child with a disability and legal guardians on behalf of their ward — and also the person responsible for the minor, the school principal, the teacher, the caregiver, community neighbours, a law enforcement officer, the Juvenile Advocate, the Family Affairs Advocate, a prosecutor, an official authorized by the Family Department, the school social worker, a recreational or sports leader, or a spiritual or family leader, when they learn of a situation endangering the minor’s safety, wellbeing or integrity. A law enforcement officer. And a public official in defence of the person’s wellbeing. In addition, an employer may request one on behalf of an employee, visitor or any other person with a disability at their workplace. When requested on another’s behalf, the law requires the petitioner to have witnessed the acts, or that the person on whose behalf it is sought confided or revealed to them that they are or have been a victim or are threatened.
Requirements
- That the protected person has a disability and has been, is being, or is threatened with being a victim of one of the causes the law lists.Verified against the official source
- If you petition on another’s behalf: having witnessed the acts, or that the person confided or revealed to you that they are or have been a victim or are threatened.Verified against the official source
Documents you need
Information pending verification.
Cost
Step by step
Step 1: Do not wait to file a police complaint
Article 18 says it without conditions: this protection order may be petitioned without any prior complaint or accusation being filed. It is the barrier that stops most people, and the law expressly removes it.
Step 2: Go to the Court of First Instance and ask for the form
Any judge of the Court of First Instance may issue this order, and every order may be reviewed in any higher court. The proceeding may begin by filing a verbal or written petition. The law requires the Courts Administration to have simple forms available at the Clerk’s Office, designed so the information, circumstances and facts justifying the order can be set down, and to provide the help and guidance needed to complete and file them.
Step 3: Ask for what you need, not only distance
Article 18’s list includes vacating the shared residence — regardless of what right the other party claims over it — prohibiting disposal of the protected person’s property, payment of economic compensation for the damages caused (which may cover moving costs, repairs, legal, medical, psychiatric, psychological, counselling, guidance, lodging, shelter and assistive technology expenses), and orders directed at the institution’s owner or the employer to ensure compliance. If the case is financial exploitation and a business is involved, the party against whom the order issues must file a monthly financial report with the court, with a twenty (20) dollar daily fine for not filing it.
Step 4: If there is immediate risk, ask for the ex parte order
The court may issue the order without first hearing the other side if diligent efforts to notify them failed; if there is a probability that giving prior notice would cause the harm sought to be prevented; or if the petitioner shows to the court’s satisfaction a substantial probability of immediate risk. That order is provisional: the court immediately notifies the other party, gives them an opportunity to oppose, and sets a hearing within the next five days, where it may vacate, modify or extend it.
Step 5: Keep the order and the guidance that comes with it
Every order must state the date and time it was issued and its period of validity, the court’s findings, the remedies ordered, and expressly notify that any violation constitutes contempt, with possible imprisonment, a fine or both. Along with the order, the court gives the petitioner guidance on precautionary measures. A copy of the order is filed with the court clerk, who provides a copy to the petitioner and, on request, to the parties or interested persons. After the other party is served, within no more than twenty-four (24) hours you are notified of service personally, by mail, by email, or by text message to the number you authorize.
Where to do it
Court of First Instance: any judge may issue the order. The Court Clerk’s Office must have the simple forms and give you the help and guidance to fill them out and file them. If the petition involves a minor, the Family Department must also be notified, to strengthen interagency coordination and recognize its status as an interested party in the proceeding.
How long it takes
Once filed, the court sets a hearing within a term not exceeding five (5) days. If the order is issued ex parte, the hearing to extend or vacate it is set within the following five (5) days. Service is notified to the petitioner within twenty-four (24) hours.
Verified against the official source · August 23, 2026
What to do if something goes wrong
What we do not publish: the form, the exact courtroom, the hours and whether there is a fee. The law orders the Courts Administration to have simple forms available and Article 28 to adapt regulations and forms, but we did not read those regulations and we do not invent a procedure. What you can bring in writing the same day: who the protected person is, what happened, when, who did it, and why you believe there is risk. Two warnings from the text itself. Failure to appear after being duly summoned under this law carries a contempt penalty. And knowingly violating the order is a felony with a fixed term of two (2) years’ imprisonment, a fine not exceeding five thousand dollars ($5,000) or both at the court’s discretion, with mandatory electronic supervision if any suspended sentence is granted. Beyond the order, Act 104-2026 defined offences: abuse with a fixed ten (10) year term; aggravated abuse at twelve (12) years where circumstances such as entering the dwelling, causing grave bodily harm, using a deadly weapon, committing it in front of minors, doing it after a protection order, or against a pregnant woman with a disability apply; abuse by threat at six (6) years; abuse by restraint of liberty at five (5) years; and abuse by neglect at two (2) years, rising to three (3) if committed by an establishment operator and up to $10,000 in fines if the establishment is a juridical person.
Common mistakes
- Waiting to file a police complaint first: the law expressly says it is not needed.
- Believing only the person themselves may request it; Article 20 allows relatives, neighbours, school staff, officers, officials and even employers.
- Asking only for a stay-away order when the law allows eviction, a bar on disposing of property, and compensation.
- Not asking for the ex parte order when there is immediate risk or when prior notice would cause the harm.
- Failing to appear at the hearing after being summoned: it carries a contempt penalty.
- Forgetting to notify the Family Department when the petition involves a minor.
- Assuming a pre-June-2026 summary of Act 238-2004 includes this remedy: it did not exist.
Frequently asked questions
Do I need to file a police complaint first?
No. Article 18 expressly provides that this protection order may be petitioned without any prior complaint or accusation being filed.
Can I request it for my brother, who cannot do it himself?
Yes. Any person aged eighteen or older may request it on behalf of another person with a disability when that person has a physical or mental incapacity, in an emergency, or when they cannot request it themselves. The law asks that you witnessed the acts, or that they confided or revealed to you that they are or have been a victim or are threatened.
How soon is the hearing?
Once filed, the court issues summonses to the parties under warning of contempt to appear at a hearing within a term not exceeding five (5) days. If the order was issued ex parte, the hearing to vacate, modify or extend it is set within five days of its issuance.
What happens if it is violated?
Anyone who knowingly violates a protection order is punished as a felony, with a fixed term of two (2) years’ imprisonment, a fine not exceeding five thousand dollars ($5,000) or both at the court’s discretion. In addition, courts must impose electronic supervision if any suspended sentence is granted.
Does it work if the abuse is at an institution or at work?
Yes. The order may be directed at the owner or person in charge of an institution, residential or hospital establishment where the person is, and at the employer, to take the steps needed to ensure compliance. And an employer may request the order on behalf of an employee, visitor or any other person with a disability at their workplace, without losing that right because the person left the job to avoid being victimized.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
- Judicial Branch of Puerto Rico
Rama Judicial
poderjudicial.pr
Last verified
August 23, 2026
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Was this guide helpful?
Did you find out-of-date information?
Bill of Rights for People with Disabilities: the 33 in Article 4
Act 238-2004 lists thirty-three rights, from reasonable accommodation to medical confidentiality, and requires every law to be read liberally in your favour.
Financial exploitation of older adults: the law’s 26 indicators
Act 76-2020 lists twenty-six signs of financial exploitation and clarifies that no police complaint is needed to seek a protection order.
How to request a protection order without going to court
Requested online through the Electronic Court. Handled same day until 10:00 pm; outside those hours, go to the nearest police station.
Protecting an older adult in Puerto Rico: protection order, support and criminal complaint
The three Ley 121-2019 remedies, who can seek them — anyone with an interest — and why breaching the order is a felony.
ADFAN services for older adults and adults with disabilities
The Family Department’s Adult Services Programme: homemaker help, substitute care, counseling and protection against abuse. Who qualifies and where to ask.