A recent ruling by the Puerto Rico Court of Appeals has upheld a protective order against Rafael Enrique Ubarri Nevares, affirming allegations of harassment made by Carmen Luisa Ubarri Nevares. This decision, issued on April 14, 2026, is significant as it reinforces the legal protections available to individuals facing harassment in Puerto Rico under Law No. 284-1999.

The case, identified as TA2025AP00706, began when Carmen Luisa Ubarri Nevares filed a petition for a protective order against Rafael Enrique Ubarri Nevares, her relative. The court's decision is crucial for those who seek legal recourse against harassment, as it clarifies the standards and evidence required to obtain such orders.

Background

Carmen Luisa Ubarri Nevares and Rafael Enrique Ubarri Nevares are involved in a family dispute that escalated into allegations of harassment. Carmen filed a petition for a protective order on September 23, 2025, citing several incidents that she claimed constituted harassment. She alleged that Rafael had engaged in troubling behavior, including vandalizing her vehicle and disturbing her peace with loud noises.

The initial petition detailed an incident on September 4, 2021, when Rafael allegedly reacted angrily to Carmen parking on the sidewalk. Following this, she claimed that her vehicle was found covered in human feces the next day. Additionally, she reported that Rafael placed a loud speaker outside her window, preventing her from sleeping, and that he repeatedly activated alarms directed at her window.

The case was heard by the Tribunal de Primera Instancia, Sala Municipal de Guaynabo, which issued an ex parte protective order on October 6, 2025. This order was followed by a hearing on October 29, 2025, where the court evaluated testimonies from both parties and a witness. The court ultimately found sufficient evidence to issue a protective order that would remain in effect until October 29, 2026.

The Ruling

After the initial ruling, Rafael Enrique Ubarri Nevares appealed the decision, claiming that the lower court had made several errors. He argued that the court had failed to make specific factual determinations and had relied on generic checkboxes in its order. Rafael also contended that there was insufficient evidence to support the conclusion that he had engaged in a pattern of stalking.

On April 14, 2026, the Puerto Rico Court of Appeals, led by Judge Cruz Hiraldo and joined by Judges Domínguez Irizarry and Sánchez Báez, denied Rafael's appeal. The court ruled, "We conclude that the Tribunal de Primera Instancia did not abuse its discretion nor acted in a biased, prejudicial, or erroneous manner in issuing the protective order in favor of the respondent." This affirmation of the lower court's ruling highlights the court's confidence in the evidence presented during the hearings.

The appellate court noted that the lower court had adequately evaluated the evidence, including testimony that Rafael had threatened Carmen and had installed devices intended to disturb her. The court found no basis for Rafael's claims of error, stating that the criteria for intervention were not met.

Impact

This ruling has significant implications for individuals seeking protection from harassment in Puerto Rico. It reinforces the importance of providing evidence in harassment cases and clarifies the standards that courts will apply when evaluating such petitions. The court's decision emphasizes that protective orders can be issued based on a combination of verbal, emotional, and psychological abuse, as well as physical acts of intimidation.

Moreover, the ruling serves as a reminder of the legal protections available under Law No. 284-1999, which aims to combat stalking and harassment. By upholding the protective order, the court has affirmed the seriousness of harassment claims and the need for judicial intervention to ensure the safety and well-being of victims.

What's Next

Rafael Enrique Ubarri Nevares may seek further legal recourse, including the possibility of appealing to a higher court. However, details regarding any potential appeal or related cases were not available in the court filing. The outcome of this case may influence future cases involving protective orders and harassment claims in Puerto Rico.