How to File a Temporary Protection Order (TPO) and a Child Custody Case in the Philippines

This guide explains—step by step—how to secure emergency court protection (TPO) under the Anti-Violence Against Women and Their Children Act (RA 9262) and how to start a child custody case in Family Court. It’s written for laypersons and practitioners in the Philippine context.

Important: Laws and court rules change. This is general information, not legal advice. If safety is at risk, contact the PNP Women and Children Protection Desk (WCPD) or your barangay’s VAW Desk immediately and consult a lawyer or the Public Attorney’s Office (PAO).

Part I — Temporary Protection Orders (TPO) under RA 9262

1) What a Protection Order Is (and the Three Types)

Barangay Protection Order (BPO): Issued by the Punong Barangay (or a Barangay Kagawad if the Punong Barangay is unavailable). It’s quick, on the same day, and typically effective for 15 days. Focuses on no-contact / no-harassment / stay-away within the barangay’s jurisdiction.
Temporary Protection Order (TPO): Issued by the Family Court/RTC. It’s an emergency, court-issued order, granted ex parte (without notifying the respondent first) upon filing when the judge finds immediate necessity. Effective for 30 days. A hearing for a Permanent Protection Order is set before it expires.
Permanent Protection Order (PPO): Issued after hearing. Indefinite (in effect until modified or lifted by the court).

Covered relationships: RA 9262 protects women and their children against acts of physical, sexual, psychological, and economic abuse committed by a spouse, former spouse, dating partner, ex-partner, or someone with whom the woman has (or had) a common child or a sexual/romantic relationship. “Child” includes a minor under her care.

2) What Relief a TPO Can Grant

A TPO can, among others:

Prohibit the respondent from committing or threatening any form of VAWC, harassing, contacting, or stalking the petitioner.
Order the respondent to stay away from the petitioner and the child’s home, school, workplace, and other frequented places.
Remove and exclude the respondent from the shared residence regardless of ownership, and award temporary possession of the residence to the petitioner.
Grant temporary custody of minor children to the petitioner and set temporary child support and temporary spousal support (if applicable).
Direct surrender/ban on firearms and order the respondent to undergo counseling/rehabilitative programs.
Any other measures necessary to ensure safety and prevent further violence.

3) Who May File the TPO

The victim (the woman) herself.
On her behalf: her parents/guardians; ascendants/descendants or collateral relatives within the fourth civil degree; DSWD or accredited social workers; police officers; the Punong Barangay/Kagawad; health workers; lawyers/counselors; or two responsible citizens of the city/municipality who have personal knowledge of the abuse.

4) Where to File (Venue) and Jurisdiction

Family Court (a designated RTC branch) where the petitioner resides, or where any element of the abuse occurred.
If no Family Court sits in the area, file in the RTC designated to handle family cases.

5) Fees, Confidentiality, and Speed

No filing/docket fees are charged for applications for protection orders under RA 9262.
The court can keep addresses confidential and allow you to use a safe mailing address.
Courts act immediately on TPO applications; judges commonly issue TPOs on the day of filing after ex parte assessment.

6) Evidence to Bring (Bring what you can—don’t delay if unsafe)

Sworn affidavit narrating abuse (dates, places, specific acts, prior incidents).
Police blotter or barangay incident report (if any), medical certificates, photos of injuries/damage, screenshots or printouts of threatening messages, witness affidavits, school reports noting behavioral changes, etc.
IDs and child’s birth certificate (for custody/support relief).
Any pending case numbers (criminal, civil, or barangay).

7) Step-by-Step: Filing a TPO

Prepare a Verified Petition stating parties’ identities (use a safe address), relationship, facts of abuse, and requested reliefs (no-contact, stay-away distances, exclusive use of home, temporary custody/support, firearms surrender, etc.). Include a certification against forum shopping and attach your affidavit and evidence.
File at the Family Court/RTC with jurisdiction (no filing fees).
Ex parte evaluation: Judge reviews the petition the same day. If warranted, a TPO issues immediately.
Service & Enforcement: The sheriff/PNP serves the TPO. Keep multiple copies with you and the child’s school/employer/condo admin. The PNP WCPD helps enforce it.
Hearing for PPO: The court sets a hearing for a Permanent Protection Order before the 30-day TPO expires. Appear with counsel, evidence, and witnesses.
Violations: Report any breach immediately to the PNP WCPD. Violations can lead to criminal liability and contempt of court.

8) Practical Safety Tips

Coordinate with the Barangay VAW Desk and PNP WCPD for safety planning and escorts for retrieval of personal effects if the order allows.
Inform the child’s school and employer about the TPO (submit a copy).
Consider a separate criminal complaint for VAWC, if not yet filed.

Part II — Filing a Child Custody Case

1) Legal Framework & Standards

Family Courts Act (RA 8369) gives Family Courts exclusive original jurisdiction over custody cases.
Family Code principles apply (best interests of the child; parental authority).
Rule on Custody of Minors & Writ of Habeas Corpus in Relation to Custody of Minors (Supreme Court) sets procedures and provisional measures (e.g., temporary custody, support, hold departure orders).
Best interests of the child is the controlling test. The court weighs safety, stability, history of caregiving, the child’s needs/attachments, moral fitness, health, schooling, and—if of sufficient age and maturity—the child’s preference (not controlling but persuasive).
Tender-years presumption: A child under seven (7) is generally not separated from the mother absent compelling reasons (e.g., abuse, neglect, substance abuse).
Illegitimate children: Sole parental authority is with the mother by default unless a court orders otherwise.
Shared parental authority for legitimate children: Courts may award sole or joint physical custody, and structure visitation based on the child’s best interests.

2) When to File a Custody Case (and when you may not need to)

File when there’s dispute on custody/visitation, risk of abduction, relocation conflict, persistent interference with visitation, or safety concerns.
If there’s ongoing annulment/legal separation, custody may be litigated within that case; otherwise file a stand-alone petition.
If VAWC is present, a TPO/PPO may already grant temporary custody quickly while the separate custody case proceeds.

3) Where to File (Venue)

Family Court where the petitioner resides or where the minor resides.

4) What to Ask For (Reliefs)

Final custody (sole or joint physical custody), legal custody/parental authority allocations.
Specific parenting schedule: detailed weekdays/weekends/holidays/birthdays; hand-off times/locations; supervised or therapeutic visitation, if needed.
Temporary custody & support while the case is pending.
Hold Departure Order (HDO) to prevent the minor’s removal from the Philippines without the court’s leave.
Non-disparagement & non-harassment clauses; restrictions on alcohol/drugs, transporting without car seats, introducing new partners to the child, etc., when appropriate.
Orders for counseling, parenting classes, or family therapy if beneficial.

5) Evidence Checklist

Birth certificate of the child; marriage certificate (if applicable).
Proof of primary caregiving (school records, report cards, clinic records, certificates of enrollment, teacher affidavits).
Proof of stability: housing, employment/income, caregivers, routine.
Evidence of risk/abuse: medical records, VAWC reports, protective orders, messages, police/barangay reports, witness statements.
Travel risk: prior attempts to remove the child, foreign ties, passports, visas, one-way bookings, etc.
Proposed Parenting Plan and Support Computation (budget, receipts).

6) Step-by-Step: Filing a Custody Petition

Draft a Verified Petition: Identify parties and minor(s); state jurisdiction/venue; summarize facts; specify reliefs (final and provisional). Include a certification against forum shopping and attach evidence.
File in the proper Family Court (pay standard civil docket fees unless you qualify as indigent; ask the clerk about fee exemption for indigents).
Raffle & Summons: Case is raffled to a branch; the respondent is served with summons/complaint.
Provisional Orders: Upon motion (and sometimes ex parte for urgent matters), the court may issue temporary custody, temporary support, supervised visitation, HDO, or protection directives.
Pre-Trial & Mediation: Courts usually require Pre-Trial, Court-Annexed Mediation (CAM), and sometimes Judicial Dispute Resolution (JDR). Custody/visitation issues are often narrowed or settled here.
Case Study / Social Worker Report: The court may direct DSWD/court social workers to evaluate home environments and parenting capacity.
Trial: Witnesses testify (parents, teachers, doctors, social workers). Sensitive evidence may be heard in chambers.
Decision & Enforcement: The court issues a Decision and Decree/Judgment. Serve certified copies on schools, pediatricians, barangay, and PNP WCPD for awareness and compliance.
Modification: If circumstances substantially change (e.g., relocation, schooling issues, safety concerns), file a motion/petition to modify custody/visitation/support.

7) Hold Departure Orders (HDO) for Minors

Family Courts may issue an HDO against a minor (and often notify the parent/guardian) to prevent international child abduction.
Provide passport details, photos, and proof of flight risk. Coordinate with the Bureau of Immigration via the court’s order.

8) Enforcement & Non-Compliance

A parent who defies custody/visitation orders risks contempt, sanctions, and adverse modifications.
For protection-order breaches, also report to PNP WCPD; criminal sanctions may apply under RA 9262.
Schools and caregivers should be given clear copies of the current orders.

Part III — Strategy & Practical Guidance

A) Choosing the Fastest Safe Relief

If there’s current or recent violence/threats, file for a TPO immediately; ask for temporary custody and support in the TPO. This is usually faster than waiting for interim orders in a custody case.
File the custody petition in parallel to establish long-term arrangements.

B) Drafting Tips (for Both TPO & Custody Cases)

Write a clear timeline of incidents. Anchor each event to a date, place, witness, and evidence.
Avoid conclusions like “He’s dangerous.” Instead, state concrete acts (“On 10 March, he punched the wall beside my head; my son cried; neighbor X heard it.”).
Ask for specifics: e.g., “Respondent shall stay at least 200 meters away from petitioner’s home, workplace, the child’s school, and designated hand-off points.”
Propose a Parenting Plan (even if seeking sole custody): routines, communication protocol, holidays, make-up time, digital contact rules, and dispute-resolution steps.

C) Common Pitfalls

Delaying the TPO application while “collecting more proof.” File now; you can supplement later.
Vague requests. Courts prefer specific stay-away distances, exchange points, and schedules.
Ignoring digital abuse. Save and print screenshots (with timestamps/URLs if possible).
Moving without court leave when orders restrict relocation/travel.
Exposing addresses. Use a safe mailing address and request confidentiality.

D) Working with Key Offices

Barangay VAW Desk: BPOs, incident logs, assistance serving orders.
PNP WCPD: Enforcement of orders; assistance with retrieval of belongings; blotters; escort.
DSWD/Social Workers: Safety planning; shelter referrals; case studies; counseling.
PAO/IBP Legal Aid/NGOs: Free or low-cost representation and psychosocial services.

Part IV — Templates You Can Reuse (Skeletons)

1) Skeleton: Verified Petition for TPO (RA 9262)

Caption (Family Court/RTC, branch, case title)
Parties (use safe addresses; request confidentiality)
Relationship (married/former spouses/dating partners/common child)
Narrative of Abuse (dates, places, acts; prior incidents; immediate risk)
Children (names/ages; current care; risks)
Reliefs Sought (no-contact; stay-away with distances; exclusion from residence; temporary custody; temporary support; firearms surrender; counseling; other necessary relief)
Prayer
Verification & Certification Against Forum Shopping
Annexes (affidavits, medical reports, photos, screenshots, barangay/police reports, birth certificate)

2) Skeleton: Petition for Custody of Minor

Caption and Parties
Jurisdiction & Venue (where petitioner/minor resides)
Material Facts (child’s history of care; schooling; health; routines; parenting roles)
Best-Interests Factors (why your proposal protects stability, safety, and development)
Reliefs:
- Final custody/visitation/parental authority allocations
- Provisional orders: temporary custody/support, supervised visitation, HDO, protection orders as needed
- Ancillary orders (counseling, information sharing with schools/healthcare providers)
Prayer
Verification & Certification Against Forum Shopping
Annexes (birth/marriage certificates; school/medical records; proof of income/expenses; protective orders; social worker assessments if any)

FAQs

Q: Can I apply for a TPO even if I’ve never reported to the police or barangay? Yes. Prior reports help, but not required. Explain the abuse in a sworn affidavit and attach whatever proof you have.

Q: How long until I get protection? Courts can issue TPOs the same day upon filing if the judge finds immediate necessity.

Q: Does a TPO give me custody right away? It can. Ask the court for temporary custody and support as part of the TPO while the longer custody case proceeds.

Q: My child is under 7—does custody automatically go to me (mother)? There’s a strong presumption favoring the mother for children under 7, but the court can depart for compelling reasons (e.g., abuse, neglect).

Q: We were never married and the child is illegitimate. Who has custody? By default, the mother has sole parental authority unless a court orders otherwise.

Q: Can the other parent take the child abroad during the case? Ask the court for a Hold Departure Order and give copies to the Bureau of Immigration once issued.

Q: Do I need a lawyer? It’s highly recommended. If you cannot afford one, go to PAO or IBP Legal Aid.

Quick Checklists

TPO Filing Day

Verified Petition + forum shopping certification
Affidavit/narrative + evidence (injury photos, messages, medical, barangay/PNP blotter)
Child’s birth certificate and proof of expenses (for support)
Specific requested reliefs (stay-away distances; exclusive home use; temporary custody/support; firearms surrender)
Copies for court, PNP WCPD, school, work, building admin

Custody Case Starter Pack

Birth certificate; marriage certificate (if any)
School and medical records; proof of caregiving
Proposed Parenting Plan and Support budget
Motion for provisional orders (temporary custody, support, supervised visitation, HDO)
List of witnesses (teachers, caregivers, social worker)

Final Notes

TPO is your fastest protective remedy; it can include temporary custody and support.
A custody case then sets the long-term arrangement built on the best interests of the child.
Keep a paper trail: logs of incidents, receipts, school notes, medical consults, and copies of all orders.
Always prioritize safety. If enforcement is an issue, coordinate closely with PNP WCPD, your barangay, and your counsel.

If you’d like, I can turn this into filled-in petition templates (with blanks you can complete) or a one-page checklist you can print and bring to court.