(A practical legal article for survivors and advocates — general information, not legal advice. Laws and local procedures can vary, so consider consulting the Public Attorney’s Office (PAO), a private lawyer, or a women’s desk/VAWC desk for case-specific guidance.)

1) What “VAWC” Covers (Philippine Context)

The Philippines’ primary law is Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004). It provides criminal remedies (prosecution of the abuser) and civil protective remedies (Protection Orders), and it allows the court to issue custody, support, and stay-away directives to protect women and children.

Who is protected?

Women who are abused by an intimate partner (current or former).
Children of the woman (including those under her care in many practical situations), who are harmed directly or indirectly by the abuse.

Who can be the respondent (abuser)?

VAWC applies when the offender is (or was) in a qualifying relationship with the woman, such as:

Husband / ex-husband
Live-in partner / former live-in partner
Boyfriend / ex-boyfriend
Someone in a dating relationship or with whom the woman has (or had) a sexual relationship
Father of the woman’s child, even if not married or not cohabiting

What acts are covered?

VAWC recognizes multiple forms of abuse, including:

A. Physical violence Hitting, slapping, punching, choking, throwing objects, restraining, etc.

B. Sexual violence Rape, sexual assault, coercion, forcing sexual acts, humiliating sexual behavior, etc.

C. Psychological violence Threats, stalking, harassment, intimidation, public humiliation, controlling behavior, repeated verbal abuse, and other acts causing mental or emotional suffering.

D. Economic abuse Withholding financial support, controlling money, destroying property needed for work, preventing employment, taking salaries, creating debt in the victim’s name, etc.

Key point: You do not need visible injuries to have a VAWC case. Psychological and economic abuse can be sufficient, especially for protection orders.

2) The Two Tracks: Protection Orders vs. Criminal Case (and How Custody Fits)

Many survivors need immediate safety and child custody/support first—this is where Protection Orders are extremely important.

Track 1: Protection Orders (fast safety + custody/support orders)

Protection orders can include:

Stay-away / no-contact orders
Removal of the abuser from the home
Temporary custody of children
Child support / financial support
Prohibition from harassing, stalking, contacting
Protection of property and finances
Other protective relief tailored to the situation

Track 2: Criminal complaint for VAWC (accountability + penalties)

A criminal case may proceed through police investigation and the prosecutor’s office, then court trial if filed.

Can you do both?

Yes. Protection Orders are available even if you do not (yet) file a criminal case, and they can be pursued simultaneously with the criminal complaint.

3) The Three Protection Orders Under RA 9262 (What to File and Where)

(1) Barangay Protection Order (BPO) — fastest, local

Where to file: Barangay (usually the Punong Barangay or designated VAW Desk) where you live, where the respondent lives, or where the incident occurred (practices vary). Who issues it: Punong Barangay (or authorized official). How fast: Often same day. Validity: 15 days. Scope: Typically anti-violence/no-contact type directives; it’s meant for quick protection.

When BPO is useful:

Immediate threats/harassment/stalking
You need fast “stop-contact” backing while preparing a court petition for TPO/PPO

If the situation is dangerous, do not rely on the BPO alone—consider going straight to the court for a TPO.

(2) Temporary Protection Order (TPO) — court-issued, urgent

Where to file: The appropriate court (commonly the Family Court; if none, the designated RTC). Who issues it: Judge. How fast: Can be issued ex parte (without the abuser present) based on your verified petition and supporting evidence. Validity: Commonly 30 days (designed as short-term protection pending hearing for a permanent order).

What it can cover: This is where courts often order stay-away, no-contact, removal from home, and importantly temporary custody and support.

(3) Permanent Protection Order (PPO) — long-term protection

Where: Same court handling the protection order case. How it’s issued: After notice and hearing. Validity: Until revoked or modified by the court.

What it can include: All necessary protective relief, including custody, support, residence arrangements, and enforcement mechanisms.

4) What You Can Ask For in a Protection Order (Including Child Custody)

Protection order relief can be broad. Common requests include:

Safety and distance

No contact (calls, texts, social media messages, third-party contact)
Stay-away order (home, workplace, school, places you frequent)
Anti-harassment / anti-stalking
Surrender of firearms and prohibition from possessing weapons (when relevant)
Directives to stop damaging property or threatening pets/relatives

Home and shelter

Removal/eviction of the respondent from the shared home, even if the home is in the respondent’s name (courts can prioritize safety)
Orders preventing the respondent from entering the residence

Child custody and parenting protections

Temporary custody to the non-abusive parent (often the mother, if safe and appropriate)
Prohibition against taking the child out of school/home without consent
Limitations on visitation (supervised visitation, designated public place exchanges, or suspension if dangerous)
No direct communication with the children if it endangers them or is used as a control tactic

Financial support and economic protection

Child support and/or support for the woman, including schooling, food, housing, medicine
Orders stopping the respondent from:
- Withdrawing funds from shared accounts
- Selling/encumbering property used for family support
- Destroying work tools/devices or documents
Direction to return personal belongings (IDs, phones, children’s documents)

Mandatory programs (when ordered)

Counseling, anger management, or other interventions (court discretion)

5) Child Custody Under Philippine Law (How Courts Decide, Especially Under VAWC)

The guiding standard: “Best interest of the child”

Courts prioritize the child’s safety, stability, and well-being.

A key practical rule: children under 7

Under long-standing Philippine family law principles, children below seven (7) years old are generally not separated from the mother, unless there are compelling reasons (e.g., abuse, neglect, severe instability, danger to the child). In a VAWC context, if the father is abusive, that typically strengthens the case for the mother’s custody, as long as the child is safe with her.

How VAWC changes the custody conversation

Abuse against the mother can be treated as a serious factor because it affects:

The child’s psychological safety
The home environment
Risk of harm or abduction
Coercive control patterns (using children as leverage)

What custody orders can look like under VAWC

Mother gets sole custody, father gets supervised visitation only
No visitation temporarily, especially if there are threats, violence, substance abuse, or child endangerment
Structured exchanges (public place, third party, scheduled times)
Orders barring the respondent from school pickups and access to records

6) Where to File (Venue) and Which Office Helps

For a BPO

Barangay (through Punong Barangay / VAW desk procedures)

For TPO/PPO and custody/support orders

Family Court (or RTC designated as family court in your area)

For criminal complaints

PNP Women and Children Protection Desk (WCPD) / local police VAW desk for blotter and referral
Office of the City/Provincial Prosecutor for the inquest/preliminary investigation process
Some locations also have help desks that assist with VAWC intake

Free/low-cost legal help (common options)

Public Attorney’s Office (PAO) (for qualified clients)
DSWD offices (social workers, shelters, referrals)
Local government VAW desks / women’s desks (procedures and referrals)
NGOs providing legal aid to survivors (varies by locality)

7) Step-by-Step: Filing a Protection Order with Custody and Support Requests

Step 1: If you are in immediate danger

Prioritize physical safety (leave, seek shelter, contact trusted people).
If needed, go to the police WCPD/VAW desk for immediate assistance and documentation.

Step 2: Gather evidence (even partial evidence helps)

Protection orders can be granted on credible showing of harm/risk. Helpful evidence includes:

Documents

Medical records / medico-legal report / hospital records
Police blotter / incident report
Barangay records (complaints, blotter, mediation attempts—note: VAWC is generally not something you should be forced to “mediate” when safety is at risk)
Photos of injuries/damage
Screenshots/printouts of messages, threats, call logs, emails, social media
Proof of financial abuse (bank records, remittance history, receipts, withholding of support)

Witnesses

Affidavits from neighbors, relatives, co-workers, teachers
Security guard logs / CCTV references if available

Child-related

School records, reports of the child’s distress, counseling notes (if any), evidence of threats involving the child

Don’t delay filing just because evidence isn’t “perfect.” Courts can issue a TPO based on your verified narration plus supporting pieces.

Step 3: Prepare the petition (TPO/PPO)

A protection order petition is typically verified (signed under oath) and includes:

Your identifying information (often with privacy protections)
Respondent’s information (name, address, workplace if known)
Relationship history and key incidents (dates, places, pattern of abuse)
Specific threats/risks
Children’s details (names/ages, current living situation, risks)
Relief requested (no-contact, stay-away, removal, custody, support, etc.)

Step 4: File in court and request an urgent TPO

File the verified petition at the proper court.
Ask the court for ex parte TPO due to urgency and risk.
Request temporary custody and support as part of the TPO.

Step 5: Serve and enforce

The respondent must be served with the order.
Keep multiple copies (one at home, one at work/school, one with a trusted person).
Provide a copy to:
- Local police/WCPD
- The child’s school (as needed for pickup restrictions)
- Building security/HR (as needed)

Step 6: Attend the hearing for PPO

Be prepared to testify briefly and present evidence.
Bring witnesses if available.
A PPO can extend protection long-term and formalize custody/support arrangements.

8) Filing the Criminal VAWC Case (If You Choose to Prosecute)

Where it starts

Police WCPD/VAW desk for complaint intake, blotter, evidence gathering
Prosecutor’s office for inquest (if arrest happened) or preliminary investigation

What you’ll submit

Complaint-affidavit (narration under oath)
Supporting affidavits/witness statements
Medical and documentary evidence
Screenshots/printouts and a device if needed to authenticate content later

Important note

Even if the criminal case takes time, your protection order can provide immediate enforceable restrictions and custody/support directives.

9) Practical Guidance on Custody Requests in VAWC Situations

What to ask for (common, safety-focused custody package)

Sole custody to you (temporary then permanent)
Order prohibiting respondent from removing the child from home/school
Supervised visitation only, or suspended visitation if there’s a credible threat
Designated exchange locations (public place, police station, barangay hall) and “no direct contact” exchanges via third party
Support order with clear payment method (remittance/bank transfer) and schedule
School pickup restrictions (only you/authorized person may pick up)

Red flags courts take seriously

Threats to kidnap/remove children
Prior attempts to take the child without consent
Threats of suicide/homicide
Substance abuse combined with violence
Weapons, strangulation, stalking
Violence in front of children

10) Enforcement: What Happens if the Abuser Violates the Order?

A protection order is not just a piece of paper—violations can lead to arrest, criminal liability, and contempt sanctions depending on circumstances and procedure.

If there’s a violation:

Document it (screenshots, recordings where lawful, witnesses, CCTV references).
Report immediately to police/WCPD.
Keep a timeline of incidents with dates/times.

11) Special Issues and Common Questions

“We’re not married. Can I still file under VAWC?”

Yes. VAWC covers many intimate partner relationships, including non-marital relationships and the father of your child.

“What if the home is in his name?”

Courts can still order removal/eviction or restrict access to prioritize safety.

“Do I need a Barangay Certificate or to undergo mediation first?”

For VAWC safety remedies, do not let procedural “mediation” pressure delay urgent protection. Protection orders exist precisely for urgent safety. If you are told to “settle,” insist on your right to file for protection.

“Can I keep my address confidential?”

Courts and VAW desks often have protective practices for survivor information. Ask about confidentiality measures and safe contact methods.

“Will filing affect my children emotionally?”

Ongoing abuse already affects children. A well-crafted protection order can reduce chaos by:

Stabilizing custody
Reducing harassment
Creating structured, safe rules

“Can he use the kids to force contact?”

This is common. Ask the court for:

No direct contact provisions
Third-party communication only (e.g., through counsel/relative)
Strict exchange logistics

12) Evidence Checklist (VAWC + Custody/Support)

Violence/Threats

Photos of injuries, damaged property
Medical/medico-legal documents
Police blotter
Threatening texts/chats/DMs, call logs
Witness affidavits

Coercive control / psychological abuse

Message patterns (insults, threats, manipulation)
Stalking logs (times/locations)
Documentation of workplace harassment

Economic abuse

Proof of withheld support
Proof respondent controlled income
Receipts showing you paid all child expenses alone
Evidence of sabotage of employment

Child-focused

School attendance issues, teacher observations (if available)
Child counseling notes (if any)
Evidence of threats involving the child

13) A Survivor-Centered Filing Strategy (What Often Works Best)

If you need both safety and custody quickly, a common sequencing is:

File BPO (if harassment is immediate and local action is fastest)
File TPO/PPO petition in court requesting:
- no-contact/stay-away
- removal from residence (if needed)
- temporary custody + pickup restrictions
- support (clear amounts/schedule/method)
File criminal complaint (when ready/able), especially if:
- there are serious injuries, threats, stalking, repeated abuse
- protection order violations occur
If custody becomes contested long-term, continue with PPO terms and related family court processes (as directed by the court)

14) What to Write in Your Petition (Practical Outline)

A clear petition usually includes:

Parties and relationship
Children involved (names, ages, school, current custody)
History and pattern of abuse (chronological, with key incidents)
Most recent incident and current risk
Impact on children
Specific relief requested (bullet list)
Attachments (labeled annexes: photos, screenshots, reports)
Verification and oath

Tip: Judges respond well to specificity:

Dates, times, places
Exact words of threats (paraphrase if necessary, but screenshots are best)
Specific safety fears (kidnapping risk, stalking, weapons, prior violations)

15) Safety Planning While the Case is Pending

Legal processes can escalate risk when an abuser realizes control is slipping. Consider:

Changing passwords, enabling 2FA, checking phone privacy
Informing school/admin discreetly about authorized pickup
Keeping a “go bag” (IDs, birth certificates, meds, cash, clothes)
Choosing a safe address for service/contact if available
Limiting social media location sharing

16) Final Reminders

You can ask for custody, support, and no-contact provisions inside a protection order petition.
Protection orders can be pursued even without immediately filing a criminal case.
Document everything, but don’t delay urgent safety measures waiting for “perfect evidence.”
If cost is a concern, explore PAO eligibility and local VAW desks and social workers for referral pathways.

If you want, paste a short anonymized fact pattern (relationship, children’s ages, what happened most recently, and what you’re afraid he’ll do next), and I can draft a high-safety, court-ready “Relief Requested” list and a clean incident timeline template you can use when you meet PAO/VAW desk/court staff.