Here’s a Philippine-focused, plain-English guide to handling trespassing and physical abuse by in-laws—what crimes may apply, how they’re proven, the remedies you can ask for, and the practical steps to take. This is general information, not legal advice. Laws and penalties can change, and details of your situation matter a lot—if safety is at risk, prioritize that and speak to a lawyer or the authorities.

1) What crimes may apply

A. Trespassing (private persons)

Core idea: Entering or staying in someone’s dwelling against the occupant’s will can be a crime under the Revised Penal Code (RPC) on trespass to dwelling.
When it applies to in-laws:
- They force their way in, or come in after being expressly told not to, or refuse to leave after being told to go.
- “Dwelling” includes the house and appurtenant areas with an expectation of privacy (e.g., fenced yard).
Important nuances:
- Consent defeats trespass. If a lawful occupant invites them, there’s usually no trespass.
- Household members/co-residents: If the in-law genuinely lives there, it’s typically not “trespass” (disputes may be civil/cohabitation issues).
- Co-ownership or family homes: If the in-law co-owns the property (or acts with a co-owner’s clear consent), trespass becomes harder to prove.
- Violence/intimidation or nighttime entry can aggravate liability and penalties.
- Public officers who enter illegally may fall under separate offenses (violation of domicile), but this doesn’t apply to private in-laws.

B. Physical abuse (physical injuries)

Core idea: The RPC punishes serious, less serious, and slight physical injuries depending on the extent of harm (e.g., length of medical treatment/incapacity, permanent deformity, loss of sense/limb, disfigurement, etc.).
When it applies to in-laws: Any assault—slapping, punching, beating—can qualify. The medical findings (days of medical attendance/incapacity, permanent effects) determine the charge level and penalty range.
Related offenses that often come up with abuse incidents:
- Grave threats / light threats (e.g., threatening harm).
- Grave coercion (forcing someone to do/omit something through violence or intimidation).
- Unjust vexation, alarm and scandal, oral/written defamation, malicious mischief (destroying property), qualified trespass to dwelling (if force/violence used to enter).
- Child abuse (RA 7610) if the victim is a child; penalties increase sharply.
- Elderly/Persons with Disability aggravating circumstances can raise penalties.

C. VAWC vs. in-laws—common confusion

RA 9262 (Anti-Violence Against Women and Their Children) targets violence by a husband/partner/ex-partner (or someone with a sexual/dating relationship) against a woman or her child.
In-laws are not ordinarily “respondents” under RA 9262 unless they conspire, aid/abet, or act as agents of the partner to commit the violence or harassment. Otherwise, you pursue RPC crimes (e.g., trespass, physical injuries, threats) against the in-law directly.
Protection Orders (POs) under RA 9262 are primarily against the partner/ex; judges can include “other persons” if the facts show participation—this is case-specific and legal advice is crucial.

2) Elements you must generally prove

Trespass to dwelling (private persons)

Entry into a dwelling (or remaining inside),
Against the will of the lawful occupant (express prohibition or circumstances showing lack of consent). Evidence examples: CCTV, door/lock damage, text messages telling them to stay away, eyewitnesses, barangay blotter/police blotter, photos/video.

Physical injuries

Assault or act causing physical harm,
Resulting injury (proved by medical certificate/medico-legal),
Degree of harm (days of medical attendance/incapacity or permanent injury). Evidence examples: medico-legal report, photos of injuries, treatment records, witness statements, incident reports, CCTV, 911/PNP calls.

3) Penalties (big picture)

Trespass to dwelling and physical injuries carry jail terms and/or fines; aggravating factors (e.g., use of weapons, night time, cruelty, multiple offenders, against minors/elderly, inside the victim’s dwelling) can raise penalties.
Civil damages (moral, exemplary, actual) may be awarded alongside criminal liability.
Protection conditions (no-contact, stay-away) can be imposed during/after proceedings.

Because exact penalty bands depend on the article charged, the injuries certified by a doctor, and aggravations/mitigations unique to your case, a lawyer should compute likely exposure precisely.

4) Defenses in-laws commonly raise (and how they’re evaluated)

Consent/Invitation: “We were invited” or “we live here.” (Counter with proof of non-consent, exclusive possession, restraining terms, prior warnings.)
Good faith / color of title: Belief they had a right to enter (co-ownership claims, emergency). (Counter with titles, lease, barangay certifications, history of possession.)
Self-defense / defense of relative / defense of property: Requires unlawful aggression from the victim and reasonable necessity of means employed; often defeated by CCTV/eyewitness/forensic inconsistencies.
Mistake of fact/necessity: Emergencies (e.g., fire, medical aid) can legally justify entry.
Alibi/denial: Weighed against positive identification and objective evidence.

5) Practical remedies & where to go

A. If there’s immediate danger

Call 911 or the PNP.
Go to the nearest barangay for help; barangay officials may assist in separating parties and documenting events.
Seek medical attention promptly; ask for a medico-legal examination (crucial proof).

B. Documentation checklist

Police/barangay blotter (get a certified copy).
Medico-legal and treatment records.
Photos/videos/CCTV of injuries, the break-in, property damage.
Witness statements (neighbors, family, helpers).
Texts, chats, call logs showing threats or “stay away” notices.
Property/tenancy papers proving you control/occupy the dwelling.

C. Protection & stay-away measures

Protection Orders under RA 9262 (if your partner/ex is involved; in-laws may be included if they act in concert).
Criminal bail conditions can include no-contact and stay-away clauses.
Civil injunctions (case-specific; discuss with counsel).
Barangay “no contact” undertakings may be brokered informally—but these don’t replace court orders.

D. Barangay conciliation (Katarungang Pambarangay)

Many minor offenses between people who live in the same city/municipality must first go through barangay mediation before you can file in court/prosecutor (there are exceptions, including certain cases involving immediate threats, detainees, or specific special laws).
Practical tip: Even if your case is exempt (e.g., urgent, risk of retaliation), blotter and get a referral/notation; prosecutors often ask.

6) How to file a criminal case (common path)

Blotter the incident with police or barangay.
If injuries occurred, get a medico-legal and attach receipts, photos, and IDs.
Prepare a Complaint-Affidavit (narrative of facts + evidence). A lawyer or the prosecutor’s office can help with the format.
Preliminary investigation at the City/Provincial Prosecutor: the in-law may file a counter-affidavit; the prosecutor decides if there’s probable cause.
If filed, an Information is brought to court. Arraignment, pre-trial, and trial follow.
Protection conditions can be requested along the way; civil damages may be resolved together with the criminal case.

Jurisdiction note:

Municipal/Metropolitan Trial Courts (MTC/MeTC) handle offenses punishable by up to six (6) years; Regional Trial Courts (RTC) handle higher. Most basic trespass and less-serious physical injuries start in the MTC/MeTC.

7) Evidence strategy tips (what prosecutors look for)

Clarity on “no consent” for trespass: prior texts telling them not to come, CCTV of forced entry, witnesses who heard “umalis na kayo.”
Medical proof links to incident date: ensure the medico-legal specifies date/time and cause consistent with your account.
Continuity of possession: titles/leases/utility bills to show you are the lawful occupant.
Consistency: your affidavit, blotter, and medical record should match on who, what, where, when, how.
Preserve digital evidence: export chats, keep originals, back up CCTV.

8) Special situations

They keep showing up but don’t hit anyone:
- Consider trespass (if no consent), unjust vexation, grave threats (if they threaten), qualified trespass (if force is used), and seek no-contact conditions through criminal or civil protective remedies.
They damage your doors/gate/vehicle:
- Add malicious mischief (property damage) alongside trespass/assault.
Victim is a child:
- Apply RA 7610 (child abuse), which raises penalties; coordinate with the Women and Children Protection Desk (WCPD).
Victim is a senior citizen or PWD:
- Treat as an aggravating circumstance; mention it in your affidavit.
Citizen’s arrest:
- Anyone may arrest in flagrante delicto (caught in the act), but safety first. Call police if possible; do not escalate violence.

9) Step-by-step if this just happened

Get to safety; call 911/PNP.
Go to the ER/medico-legal; keep all records.
Blotter at barangay or police; request assistance documenting damage/injuries.
Gather evidence (CCTV, photos, chats, witnesses).
Consult a lawyer (Public Attorney’s Office if eligible, or private counsel).
File Complaint-Affidavit for the appropriate RPC offenses (trespass, physical injuries, threats, coercion, mischief—as applicable).
Ask for stay-away/no-contact conditions at the earliest opportunity.
Follow up with the prosecutor’s office; attend hearings; avoid direct confrontations.

10) FAQs

Q: My spouse invited the in-laws in; can I still charge trespass? A: Trespass needs lack of consent from the lawful occupant. If both spouses lawfully occupy the home, one spouse’s consent can defeat trespass—unless there’s a protective order or exclusive possession granted to you by a court. If there’s a safety issue, focus on assault/threats and ask for protective conditions.

Q: They keep coming to “check on the grandkids.” A: Visits without your consent can still be trespass if you’re the occupant and have told them not to enter. Consider documented warnings (texts), barangay assistance, and—if force, threats, or injury occurs—criminal filing.

Q: They didn’t leave when told, but no one was hurt. A: That can still be trespass; use CCTV/witnesses to show they stayed after being told to go.

Q: Can I get a restraining order against in-laws? A: VAWC protection orders mainly target the partner/ex; in-laws may be covered if they actively participate. Otherwise, you may pursue criminal cases (trespass, threats, coercion) and seek no-contact conditions through bail or court directives. Discuss civil injunctions with counsel.

Q: What if we’re co-owners? A: Co-ownership complicates trespass. You may still have remedies (e.g., for assault, threats, property damage), and courts can issue stay-away terms to prevent violence even amid ownership disputes.

Quick evidence & action checklist (print-friendly)

ER records + medico-legal
Photos/video of injuries and house damage
CCTV backup/export
Blotter at barangay/police (get copy)
Witness names/contact numbers
Property docs (title/lease/utility bill)
Texts/chats showing “no consent” or threats
Complaint-Affidavit drafted with a lawyer
Request no-contact/stay-away conditions

If you want, tell me the city/municipality where this is happening and any key facts (co-ownership? kids involved? prior threats?), and I’ll tailor the charges to consider, which office to file with first, and a tight script for your affidavit.