Filing a Protection Order Against Your Child’s Father in the Philippines

A practical, soup-to-nuts guide (Philippine context). This is general information, not legal advice.

1) The legal backbone (what law protects you)

Republic Act No. 9262 — the Anti-Violence Against Women and Their Children (VAWC) Act of 2004 — lets a woman and/or her child get a Protection Order against an abusive partner, former partner, dating partner, or a man with whom she has a common child (married or not). Abuse under R.A. 9262 includes:

Physical: hitting, choking, restraining, etc.
Sexual: coerced sex, sexual harassment, exploitation.
Psychological: threats, stalking, intimidation, humiliation, controlling behavior, isolating from family/friends.
Economic: withholding or controlling money, destroying property, preventing work or schooling, depriving lawful support, disposing of conjugal/common assets.

Key point: The child is protected too. If the father abuses, threatens, or harms the child (or the child witnesses the abuse), the court can issue orders directly for the child’s safety.

2) Who can file — and against whom

You can file if you are:

The woman victim;
The child victim (with assistance of a parent/guardian or an authorized adult);
A parent, ascendant, collateral relative within the 4th degree, guardian;
A social worker, police officer, barangay official, or lawyer filing on the victim’s behalf (with the victim’s consent when feasible, or if the child needs urgent protection).

Respondent can be: your child’s father (spouse, ex-spouse, partner, ex-partner, dating partner, or simply the man with whom you have a common child).

3) The three kinds of Protection Orders (POs)

Type	Where issued	How fast	Validity	What it can order
BPO (Barangay Protection Order)	Punong Barangay (or any Kagawad if PB absent)	Same day, ex parte (no hearing)	15 days	Limited relief: stop threats/violence; no contacting/harassing/approaching; stay away from you/your child.
TPO (Temporary Protection Order)	Family Court (or designated RTC where no Family Court)	Typically within 24 hours, ex parte	30 days	Broad relief (see Section 6 below), incl. temporary custody/support, exclusive use of home, firearms surrender, removal of respondent from the residence, etc.
PPO (Permanent Protection Order)	Family Court after hearing (both sides heard)	After notice & hearing (often before TPO expires)	Until modified/lifted	Same broad relief as TPO, made long-term.

Not subject to mediation/conciliation. VAWC cases are not for barangay “amicable settlement.” The BPO is protective, not a compromise.

4) Venue (where to file)

BPO: at the barangay where you (or the child) reside or where the abuse happened.
TPO/PPO: in the Family Court of the place where you reside, the child resides, or where the abuse occurred (at your option). If there’s no Family Court, a designated Regional Trial Court handles it.

5) What to prepare (evidence & documents)

You do not need a lawyer to file, though having one helps. No filing fees for POs.

Bring what you can; file even if you have only your sworn statement:

Detailed sworn statement/affidavit describing the abuse (what happened, when/where, injuries, witnesses, prior incidents, current risk).
IDs & proof of residence (any government ID, barangay cert).
Proof of relationship (child’s birth certificate showing father, marriage cert if married; not strictly required for BPO).
Corroboration (if available): photos of injuries/damage, medical or medico-legal reports, police blotter, texts/DMs/emails/voicemails, screenshots, financial records showing economic control/non-support, witness statements.
For custody/support relief: child’s birth certificate, school IDs, expenses (receipts, tuition statements), proof of father’s income if available.

Tip: Keep originals safe. File photocopies; bring originals for comparison if the court asks.

6) What the court can order (relief you may request)

BPOs grant limited but immediate relief (no threats/violence; no contact/approach; stay-away orders).

TPOs/PPOs can include, among others:

No violence/threats/harassment/contact/stalking; stay away from home, work, school, usual places.
Removal/exclusion of the respondent from the shared home; exclusive use of the residence for you/your child (even if not the titled owner, when necessary for protection).
Temporary custody of the child to you (or another appropriate custodian) and visitation rules (e.g., supervised, limited, or suspended if visitation risks harm).
Support pendente lite (temporary child support and, when appropriate, support for you), with amount and mode of payment.
Surrender of firearms and dangerous weapons; suspension/revocation of firearm licenses; orders to the PNP to ensure compliance.
Law enforcement escort to retrieve personal effects, belongings, documents from a shared home.
Exclusive use of a vehicle or other property necessary for safety/child care.
Restitution for property destroyed and reimbursement of expenses due to abuse (medical, relocation, counseling).
Mandatory counseling/rehabilitation or attendance in programs (for respondent), as the court deems necessary.
Any other measure reasonably necessary for protection.

7) Step-by-step filing

A) If you need immediate relief today — go for a BPO

Go to your Barangay VAW Desk (or the Punong Barangay/Kagawad).
Fill out the BPO form (they must assist you). Provide a short narrative of the latest incident and risks.
Swear to your statement. The BPO may be issued the same day without a hearing.
Service & enforcement: Barangay serves the BPO on the father (or via police). You receive a copy. Keep photos/copies and a digital scan on your phone.
Plan next steps: If you need broader relief (custody, support, removal from home, firearms surrender), file a TPO right away (see below).

B) For broader/longer relief — file for TPO (and later PPO) in Family Court

Go to the Office of the Clerk of Court (Family Court) and say you’re filing a Petition for Protection Order under R.A. 9262. Forms are available; staff can help administer your oath.
Prepare/attach: your verified petition + affidavit + evidence (see Section 5). List the relief you want (Section 6).
No filing fees. Ask for ex parte TPO due to risk. Courts issue TPOs quickly (often within 24 hours). A hearing for PPO is scheduled (usually before the 30-day TPO lapses).
Service: Sheriff or police serve the order. If urgent, ask the court to allow service by police/WCPD immediately.
Hearing for PPO: Attend the hearing; bring witnesses/evidence. Courts often keep sensitive hearings in camera (closed to the public), especially where a child is involved.

8) Custody, visitation, and support (common questions)

Unmarried parents: By default, mother has sole parental authority over an illegitimate child, but courts can set visitation for the father if consistent with the child’s best interests and safety. A PPO/TPO can suspend or condition visitation (e.g., supervised visits) if there’s risk.
Married parents: The court can award temporary custody to the mother (or another proper custodian) and regulate/limit/suspend the father’s access if necessary for safety.
Support: The court can order temporary child support (and support for the woman when appropriate) immediately via TPO, and continue it in a PPO. Non-payment can be enforced through contempt and/or separate support actions.

9) Enforcement & violations

Carry a copy (digital and printed). Show it to police, school guards, HR, building admin, etc., if needed.
Police assistance: The PNP, especially Women and Children Protection Desks (WCPD), must help serve and enforce POs, escort you to retrieve belongings, and ensure firearms are surrendered when ordered.
If he violates the order: Call the police/WCPD or go to the barangay/court. Violating a BPO is a criminal offense. Violating a TPO/PPO is contempt of court and may lead to arrest, fines, jail time, and separate criminal charges (apart from any VAWC case). Document every breach (screenshots, call logs, CCTV requests).

10) How POs relate to criminal & other cases

You can seek a Protection Order without filing a criminal case, with a criminal case, or inside another case (e.g., annulment, custody, support).
VAWC criminal complaints can be filed with the City/Municipal Prosecutor or police (WCPD). The Protection Order is a separate, protective remedy; one does not block the other.
Violations (assaults/threats/stalking) may also be crimes under the Revised Penal Code or other special laws; prosecutors can charge these alongside R.A. 9262 offenses.

11) Privacy & safety

Courts and barangays follow confidentiality rules for VAWC cases; hearings can be closed to protect victims/children.
You may use a safe mailing address (e.g., your lawyer’s or a relative’s) in the petition if disclosure of your home address increases risk.
Schools/employers can be notified (with a copy of the order) to keep the father away and alert you if he appears.

12) Practical tips (that make a difference)

Write a strong timeline. In your affidavit, list each incident in order: date, place, what he did/said, injuries, witnesses, police/medical action, and ongoing fear.
Name specific places for stay-away orders: your residence(s), child’s school, your workplace, parents’ house, church, market routes, etc.
Keep a running log of violations and communications.
Ask for what you need: supervised visitation (identify a neutral center/person), fixed support amount & due date, payment method (bank deposit/GCash), police escort, firearms surrender, and counseling for him.
Safety plan: spare phone, emergency contacts, pre-packed essentials, copies of IDs/birth certificates, secure transport for school pick-ups, code words with family.

13) Simple affidavit outline (you can adapt)

Your identity & relationship (mother of minor ___; common child with respondent; residence).
Jurisdiction & venue (why this barangay/court).
Pattern of abuse (chronological incidents; include threats, stalking, non-support, property damage, weapons).
Latest incident & current risk (why immediate protection is needed).
Effect on the child (fear, regression, school issues, medical/psychological needs).
Reliefs sought (no contact/stay away; custody; support; removal from home; firearms surrender; police escort; counseling; other necessary orders).
Attachments (photos, medical records, messages, blotter, receipts).
Prayer (grant BPO/TPO/PPO as prayed for).
Verification & jurat (sworn before authorized officer).

14) What if he files a counter-case or denies everything?

Protection Orders use protective standards; the court may issue them ex parte on credible, sworn facts showing risk.
Inconsistencies are common in trauma. Stick to facts; avoid exaggeration.
If he files a case (e.g., for custody or libel), the PO remains independent; your lawyer can address those filings while you stay protected.
Perjury is a crime; be truthful. If you need to clarify or supplement your affidavit, file a supplemental affidavit.

15) Penalties for the abuser (at a glance)

Committing VAWC acts (physical/sexual/psych/ economic abuse) carries criminal penalties, including imprisonment and fines.
Violating a BPO is a separate offense.
Violating a TPO/PPO is contempt of court (and can also be charged under other crimes or VAWC itself, depending on the act).

16) Agencies & help (where to go)

Barangay VAW Desk / Punong Barangay — for immediate BPO.
Family Court / Office of the Clerk of Court — for TPO/PPO forms & filing (no fees).
PNP Women and Children Protection Desk (WCPD) — for blotter, service/enforcement, escorts, referrals.
Public Attorney’s Office (PAO) — free legal assistance if you qualify.
DSWD / LGU Social Workers — safety planning, shelters, counseling, child protective measures.
Hospitals / DOH medico-legal — medical care and documentation.

17) Frequently asked quick answers

Do I need a lawyer? No, but it helps. Court staff and barangay must assist; no filing fees.
What if he’s the homeowner? The court can still exclude him temporarily to protect you/your child.
What if he has a gun? Ask the court to order surrender of firearms and notify the PNP Firearms Office.
Can I file while living apart already? Yes; POs also address stalking, harassment, threats, and child support/visitation.
Can he contact me “about the child”? Not if the order bans contact; use lawyers/social workers or court-approved channels.

Final note

You’re not alone. If danger is imminent, prioritize safety and go straight to the Barangay VAW Desk or WCPD to trigger an immediate BPO/TPO. For tailored strategy (especially on custody/support and evidence), consult a PAO lawyer or a trusted private counsel as soon as you can.