Restraining Orders in Costa Rica

Do you feel unsafe or is there anyone who currently poses a threat to your life or physical wellbeing? What you need is a restraining order issued by a competent law court immediately to keep them away from you.

What is a restraining order?

A restraining order is an order issued by a court of competent jurisdiction to protect a person or entity from the threat or potential threat of harm. The threat may be

• Domestic abuse
• Harassment
• Stalking
• Abuse
• Sexual assault

Or any other activity that may cause the victim harm. In Costa Rica, there is an active restraining order law which may vary from region to region but the purpose remains the same. Once a law court issues the order, the aggressor is barred from ever coming close to the victim otherwise they will face tough legal sanctions. Besides coming close to the victim, the court will also refrain the aggressor from performing certain actions as laid out in the order which may lead to persecution if the order is flouted. In certain jurisdictions, a mild disobedience of the order may be viewed as contempt of court and the consequences can be severe.

Law Against Domestic Violence 1996

The Domestic Violence law was passed in 1996 with different clauses that address different types of violence issues. There are special laws that address

• Physics abuse
• Psychological abuse
• Sexual abuse
• Misuse of assets

Initiated by a person who has a close relationship or is in close proximity with a victim. As a victim of any form of abuse, you can file for a restraining order at a Family Court in Costa Rica at any time to protect yourself from an aggressor.

Basic process to file a Restraining Order in Costa Rica

If you want to file a restraining order against a person here are the steps to take.

• The First thing you will have to do is file a complaint at a Family Court which would treat your request as a matter of urgency
• After reviewing your request, the court will take provisional measures to immediately issue an execution notice which will be served by the court bailiff to the defendant against whom the motion was filed. The defendant is allowed by law a period of five days to object to the order and offer any proof as to why the order should not be activated.
• If the defendant objects to the order, a hearing date is set by the court within the next month where both parties are to appear before the judge
• After the hearing, the judge may sign off on the order or stop it. Either of the party is allowed to appeal the ruling at Costa Rica’s Family Court of Appeal
• The hearings at the Court of Appeal will be held within a 3-6 months period

If the defendant doesn't answer the summons of the court, the court may modify the order by adding more serious ones to the original filing which may last for up to a year or more. The modified order may be renewed or removed depending on the prevailing circumstances at the time of expiry.

If the victim’s life is under threat at any point, their advocate may choose to prosecute the defendant or the court may take it upon itself to do so. When a restraining order is filed, the Court may do any of the following.

Issue an order

• To the defendant not to approach the home, workplace or any area frequented by the victim
• If in the same neutral location, he/she must stay at least 500 meters away from the victim
• Not to send any form of a message to the victim via any medium
• Vacate the victim’s home immediately if they live under the same roof
• Suspend temporarily the defendant’s rights to see their children if it is a marriage that has produced children.
• Institute an alimony payment if both parties are married

Get immediate legal help if you feel threatened

Issues of domestic violence are not something to be taken lightly so if you find yourself in an uncomfortable situation with a familiar person or even a stranger, you need to take the necessary steps to file a restraining order against them.

At Melendez & Bonilla, we assist victims of violence and potential victims of violence get all the help that they need to stay safe. We understand the processes and what is required to file a restraining order with immediate urgency and we are here to be of service whenever you need us. Contact us immediately if you need to file an order or require legal assistance regarding any legal issue and we will take it up from there.