How to File a Petition for a Temporary Restraining Order or Protection Order

In the Philippines, legal protections against violence—particularly within the context of domestic relationships—are primarily governed by Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004. This law provides for the issuance of Protection Orders to safeguard victims from further harm and minimize disruption to their daily lives.


1. Understanding the Types of Protection Orders

There are three main types of protection orders available under Philippine law, varying in duration and the authority that issues them:

  • Barangay Protection Order (BPO): Issued by the Punong Barangay. It is effective for 15 days and is intended to provide immediate, localized relief. It cannot be extended by the Barangay.
  • Temporary Protection Order (TPO): Issued by a court (usually the Regional Trial Court) upon the filing of a petition. It is generally effective for 30 days but can be extended by the judge until the final resolution of the case.
  • Permanent Protection Order (PPO): Issued by the court after a full trial on the merits. As the name suggests, it is permanent and remains in effect unless modified or revoked by the court.

2. Who Can File the Petition?

The law allows several parties to file for a protection order to ensure that even if the victim is incapacitated or afraid, they can still be protected:

  1. The offended party (the woman or her child).
  2. Parents or guardians of the offended party.
  3. Ascendants, descendants, or collateral relatives within the fourth degree of consanguinity or affinity.
  4. Social workers from the DSWD or local government units.
  5. Police officers, specifically those from the Women and Children Protection Desks.
  6. Punong Barangay or Barangay Kagawad.
  7. At least two (2) concerned citizens of the place where the violence occurred who have personal knowledge of the offense.

3. Step-by-Step Filing Process

Step 1: Preparation of the Petition

The petition must be in writing, signed, and verified by the petitioner. It should be filed in the Regional Trial Court (RTC) where the petitioner resides. If the petitioner has left the common residence to escape violence, they may file it in the RTC of their new place of residence.

The petition must include:

  • The relationship between the petitioner and the respondent.
  • A description of the acts of violence committed (physical, sexual, psychological, or economic).
  • The specific reliefs sought (e.g., stay-away orders, temporary custody of children, or financial support).

Step 2: Filing and Payment of Fees

While there are filing fees for civil actions, R.A. 9262 stipulates that if the petitioner is indigent, no filing fees shall be collected. Even for non-indigent petitioners, the courts generally prioritize these cases due to their urgent nature.

Step 3: Initial Evaluation and Issuance of TPO

Upon filing, the court will evaluate the petition. If the judge finds that there is a "clear and present danger" of violence, they will issue a Temporary Protection Order (TPO) ex parte (meaning, without waiting for the respondent's side).

Step 4: Service of the Order

The TPO, along with the summons and a copy of the petition, must be served to the respondent. This is usually done by the court sheriff or a police officer. Once served, the respondent has five (5) days to file an Opposition.

Step 5: The Hearing

The court will schedule a hearing to determine if the TPO should be made permanent. Both parties will present evidence. The presence of the respondent is not a requirement for the hearing to proceed, provided they were duly served.


4. Common Reliefs Granted

A Protection Order is not just a "stay-away" order. The court can mandate several specific actions:

  • Prohibition: Ordering the respondent to cease committing acts of violence or threatening the petitioner.
  • Stay-Away: Prohibiting the respondent from coming within a specified radius (usually 100-200 meters) of the petitioner's home, school, or workplace.
  • Removal: Ordering the respondent to leave the common residence, regardless of who owns the property.
  • Custody: Granting temporary custody of minor children to the mother.
  • Financial Support: Ordering the respondent to provide support, which can be deducted directly from their salary by their employer (mandatory "salary linkage").

5. Violation of a Protection Order

Violating a Protection Order is a serious offense.

  • BPO Violation: The respondent can be cited for indirect contempt of court or filed with a criminal case for violation of the law.
  • TPO/PPO Violation: This constitutes Contempt of Court, punishable by fine or imprisonment. Furthermore, a violation of any provision of a protection order is a criminal offense under R.A. 9262, which can lead to immediate arrest without a warrant if the violation is committed in the presence of law enforcement.

6. Special Considerations for "Temporary Restraining Orders" (TRO)

In the Philippine legal system, while "TRO" is a common term in general civil litigation to stop an act (like a demolition or a contract implementation), in cases of domestic violence, the TPO is the specific legal instrument used. They function similarly in their urgency, but the TPO carries the specific weight and mandates of the Anti-Violence Against Women and Their Children Act.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.