The precautionary measures are those that the judge must impose prior to the final judgment, because if the measures were taken until the final judgement, there could be a situation that causes damage to any of the parties, due to how long it takes all the process to be finished.

The use of this procedural tool is particularly useful due to the abundance of work that exists in the Family and Alimony Courts, one of the recurring and most delicate problems faced by the user is the slowness with which these types of processes are resolved, thus ensuring the execution of the claims of the parties through precautionary measures is crucial.

Having said this and for greater clarity we present some of the existing precautionary measures that can be requested within the family process if they are appropriate:

– Departure from the marital domicile.
– Annotation of the lawsuit.
– Opening and inventory of safety deposit boxes.
– Provisional guardianship, upbringing, and education of minors.
– Provisional visitation or interrelation regime with minors; and
– Provisional alimony.

On the other hand, it is worth mentioning that in family matters the Family Procedural Code is not yet in force (it will be in force as of October 1st, 2022), therefore the Civil Procedural Code (the previous one, which is still in force in family matters) is supplementarily used, which establishes some precautionary measures that also apply within the Family Law, such as:

– The preventive seizure of goods.
– The anticipated proof.
– Inventory of assets; and
– The exhibition of books in corporations and mercantile companies to see who appear as shareholders and members of the company.

Family law is closely related to the current social situation and, therefore, it is in constant change. For this reason, Family Law is not as rigid as Civil Law and allows some actions that are not expressly enumerated in the legal system. Atypical precautionary measures have the same purpose as the typified precautionary measures, only that, due to the volatile nature of the subject matter, they are not specified in any code. Some atypical measures in family proceedings are:

– Ordering family therapy to any person member of the family.
– Sending the minor to a medical center.
– Sending the parents of the minor to the Parenting School; and
– Order the delivery of copies of the employer’s order to insured family members.

Family proceedings are always a topic of discussion due to the great number of cases that exist, and it is recommended to be advised by a professional, since it is a very delicate matter and from which an infinite number of conflicts may arise.

If you require legal advice in Family Law, ERP Lawyers offers you a specialized team in this area. Do not hesitate to contact us at info@erplawyers.com.