1. What “Protection Orders” Mean in the Philippines
A Protection Order (PO) is a court or barangay-issued directive intended to stop violence, prevent further harm, and provide safety to a victim. In the Philippines, the main law that authorizes protection orders for abuse in intimate relationships is Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 (VAWC Law).
Under RA 9262, protection orders are not only for married couples. They can be issued even if you are already separated or have broken up, and even if the abuse happened after the relationship ended, as long as the relationship fits the law.
2. Does RA 9262 Cover an Ex-Boyfriend?
Yes—if you had a “dating relationship.”
RA 9262 covers violence committed by a person who is or was in a dating relationship with the woman victim. A dating relationship generally means a relationship where two people are romantically involved over time, not a one-time casual encounter.
So an ex-boyfriend can be a respondent under RA 9262 if:
- you were romantically involved (not necessarily living together),
- the relationship existed over time, and
- the violence is connected to or arises from that relationship.
3. Who Can Apply for a Protection Order?
Protection orders under RA 9262 are primarily for:
A. Women Victims
You can file if you are a woman abused by:
- a husband/ex-husband,
- a boyfriend/ex-boyfriend,
- a live-in partner/ex-partner,
- or someone you dated.
B. Children Victims
If your child is being abused or threatened by your ex-boyfriend (biological child or a child under your care), the child is also protected.
C. Who else may file on your behalf?
If you cannot file personally, the law allows filing by:
- parents or guardians,
- grandparents,
- children (if of sufficient maturity),
- relatives within the 4th civil degree,
- social workers from DSWD or LGU,
- police officers,
- barangay officials,
- lawyers, counselors, or healthcare providers who know your situation.
4. What Counts as Abuse Under RA 9262?
RA 9262 is broad. Abuse includes:
Physical Violence
- hitting, slapping, punching, choking
- restraining your movement
- harming you or your child
Sexual Violence
- rape, sexual assault
- forcing sexual acts
- degrading sexual conduct
Psychological Violence
- threats of harm
- stalking, harassment
- public humiliation
- controlling behavior
- repeated insults, intimidation
- threats to take your child away
- threats of suicide to manipulate you
Economic Abuse
- controlling your money
- destroying property
- preventing you from working
- forcing financial dependence
Even if there is no physical injury, psychological abuse (like threats and stalking) may be enough for a PO.
5. The Three Types of Protection Orders
5.1 Barangay Protection Order (BPO)
Where issued: Barangay (through Punong Barangay or Kagawad) How fast: Usually same day once based on your sworn statement Length: 15 days Covers:
- stopping physical violence or threats
- prohibiting the abuser from committing or threatening violence
- ordering the abuser to stay away from you and the residence
Good for: Immediate, short-term safety when you need fast action.
5.2 Temporary Protection Order (TPO)
Where issued: Family Court / RTC acting as Family Court / MTC in some areas How fast: Can be issued the same day or within 24 hours, often ex parte (without the abuser present) Length: Valid for 30 days, unless extended until a final hearing
Covers: Wider relief than BPO—can include:
- no-contact / stay-away orders (home, school, workplace)
- removal of the abuser from your residence (even if he owns it)
- awarding temporary custody of children to you
- ordering financial support
- banning firearms possession
- protection from harassment, stalking, cyber-harassment
5.3 Permanent Protection Order (PPO)
Where issued: Same courts as TPO How fast: Issued after notice and hearing Length: Permanent until modified or lifted by the court
Covers: All TPO protections, but long-term.
6. Where to File
For a BPO
File at the barangay where you live or where the abuse happened.
You may approach:
- Barangay VAW Desk
- Punong Barangay
- Any Barangay Kagawad authorized to issue BPOs
For a TPO/PPO
File a petition at:
- Family Court of the place where you live; or
- where the abuse happened; or
- where your ex-boyfriend lives.
If there is no Family Court, file at:
- RTC designated as Family Court; or
- MTC/MCTC that handles family cases in your area.
7. Step-by-Step: Getting a Barangay Protection Order (BPO)
Go to the barangay hall (VAW desk if available).
Tell them you want a BPO under RA 9262.
Give a sworn statement (affidavit) describing:
- who abused you
- what he did
- when and where it happened
- threats or ongoing risk
Provide any proof you have (even if incomplete).
The barangay official issues the BPO.
The barangay/police serves it to the ex-boyfriend.
Keep a copy with you at all times.
Fee: None.
8. Step-by-Step: Getting a Temporary/Permanent Protection Order
Prepare your Petition
- You can draft it yourself or with help from the clerk, PAO, or a lawyer.
- State the acts of violence and the protection you want.
File at the Family Court
- Bring at least 2–3 copies.
- The clerk will docket your case.
Ask for a TPO
- Courts may grant a TPO immediately, often without waiting for him to appear.
Service to Respondent
- The court/police serves the order and summons.
Hearing for PPO
- You will attend a scheduled hearing.
- You present evidence and testimony.
- He may respond.
Court Issues PPO
- If the judge finds you need protection, a PPO is issued.
Fee: Often waived for indigent petitioners. PAO may assist if you qualify.
9. Evidence You Can Use
You don’t need perfect evidence to apply, especially for BPO/TPO. But more proof helps for a PPO.
Possible evidence:
- medical or hospital records
- photos of injuries or property damage
- screenshots of threats, stalking, chats, texts, emails
- call logs
- barangay blotter or police reports
- witness statements (neighbors, friends, coworkers, family)
- diary entries or timeline notes
- CCTV footage if available
Tip: Save digital proof in at least two places (phone + cloud/USB).
10. What Protections You Can Ask For
Depending on your needs, you may request the court to:
- order him not to contact you in any form
- order him to stay away from you and specific places
- remove him from the home (if relevant)
- stop harassment, stalking, or spying
- prohibit him from threatening you or your family
- grant you temporary custody of children
- require him to give financial support
- require him to attend counseling/behavior programs
- order surrender or prohibition of firearms
- require police escort for safe retrieval of belongings
Ask for what you realistically need for safety. Courts can tailor the order.
11. If He Violates the Protection Order
Violation is a criminal offense.
If he:
- contacts you
- goes near prohibited areas
- threatens you
- stalks or harasses you
- refuses orders (like leaving the house)
You can:
Call the police immediately
Show your copy of the PO
Ask for arrest
- Police may arrest for PO violation even without a warrant in many situations.
File a complaint
- At police station or prosecutor’s office.
He may face:
- imprisonment and/or fines under RA 9262
- additional charges for the underlying abuse.
12. Safety and Privacy in the Process
- RA 9262 cases are confidential.
- Court records, addresses, and details are protected.
- Hearings are usually not public.
- You can request the court to withhold your location if needed.
If you fear retaliation, tell the barangay/court and ask for added safety terms.
13. Protection Orders vs. Criminal Cases
A PO is a protective remedy, not the same as filing a criminal case—though they can run together.
You may:
- get a PO even if you are not yet ready to file criminal charges, and/or
- file a criminal case for VAWC (physical/psychological/etc.) at the same time.
14. What If You Are Not Covered by RA 9262?
RA 9262 protection orders are for women and children victims. If the victim is male or not legally within RA 9262’s scope, there may still be remedies like:
- filing criminal cases under the Revised Penal Code (e.g., threats, coercion, physical injuries, unjust vexation, stalking-type acts depending on facts),
- applying for civil restraining orders/injunctions,
- seeking help under other special laws if applicable.
But the specific PO system (BPO/TPO/PPO) described above comes from RA 9262.
15. Where to Get Help (Non-Exhaustive)
Even without a lawyer, you can seek support from:
- Barangay VAW Desk
- PNP Women and Children Protection Desk (WCPD)
- DSWD / LGU social workers
- Public Attorney’s Office (PAO) if you qualify as indigent
- local women’s shelters or NGOs
If you are in immediate danger, prioritize physical safety first, then file.
16. Practical Tips When You’re About to File
- Write a timeline of abuse (dates, places, acts).
- Bring a trusted person if you feel safer.
- Keep copies of all documents and orders.
- Tell your workplace/school security if a stay-away order includes those areas.
- Change passwords and tighten social media privacy if cyber-harassment is part of the abuse.
- Have an emergency plan (safe house, go-bag, contact list).
17. Key Takeaways
An abusive ex-boyfriend can be covered by RA 9262 if you had a dating relationship.
You have three layers of protection:
- BPO (barangay, fast, 15 days)
- TPO (court, immediate, ~30 days)
- PPO (court, long-term)
Evidence can be any credible proof of harm or threats.
Violating a PO is a crime, and police can act on it quickly.
You can seek a PO even before filing a criminal case.
If you want, tell me your situation in broad strokes (no need for identifying info) and I can map which order fits best and what to prepare—step by step.