How to Get a Temporary Protection Order (TPO) for Domestic Abuse in the Philippines

This guide explains—in plain, practical terms—how Temporary Protection Orders (TPOs) work under Philippine law, who can get them, what they cover, how to file, what happens next, and how they’re enforced. It focuses on cases under the Anti-Violence Against Women and Their Children Act (RA 9262) and its Supreme Court implementing rules (A.M. No. 04-10-11-SC), which create three levels of protection orders: Barangay Protection Order (BPO), Temporary Protection Order (TPO), and Permanent Protection Order (PPO).

This is general information, not legal advice. If you’re in danger, call or go to the nearest police station/Women and Children Protection Desk (WCPD), barangay hall, or hospital.

Quick primer: BPO vs. TPO vs. PPO

BPO (Barangay Protection Order)
- Where issued: Barangay (by the Punong Barangay; by a kagawad if the PB is unavailable).
- Speed & scope: Issued immediately after ex parte evaluation; typically covers no contact, no threats, no harassment, and stay-away directives. Does not decide custody or support.
- Duration: 15 days.
- Best for: Urgent, same-day relief near where you live or where abuse occurred.
TPO (Temporary Protection Order)
- Where issued: Family Court (or designated RTC/MeTC/MTC/MCTC if no Family Court).
- Speed & scope: Ex parte (without hearing the abuser first), same day issuance after filing and raffle. Reliefs can include removal of the abuser from the residence, stay-away, no contact, temporary custody and support, surrender of firearms, temporary exclusive use of home/vehicle, assistance to retrieve belongings, and other protective conditions.
- Duration: 30 days. The court sets a hearing for a PPO within this period.
PPO (Permanent Protection Order)
- Where issued: Family Court (or designated court).
- Speed & scope: After notice and hearing (the abuser can appear and be heard), the court can issue long-term or “permanent” reliefs substantially similar to a TPO, with added conditions as needed.
- Duration: Continuing, until modified or lifted by the court.

Who can apply for a TPO

The victim-survivor: Any woman experiencing violence (physical, sexual, psychological, or economic) and her child/children.
On her behalf: A parent or ascendant, guardian, relative within the 4th civil degree, social worker (DSWD or LGU), police officer, barangay official, healthcare provider, lawyer, or at least two responsible citizens of the city/municipality with personal knowledge of the abuse.
Important scope note: RA 9262 protects women (regardless of civil status) and their children against violence by a current/former spouse, intimate/dating partner, co-parent, or any person with whom the woman has/had a sexual or dating relationship. Men as direct victims fall outside RA 9262’s protection-order framework, though other criminal/civil remedies may exist.

What a TPO can order (typical reliefs)

A court-issued TPO can direct the respondent (abuser) to:

Stop the violence: no threats, harassment, stalking, surveillance, following, or other abusive conduct—online or offline.
Stay away: keep a specified distance (e.g., 100–200 meters, as the court sets) from the victim, residence, workplace, school, child’s school, and frequented places.
No contact: no calls, texts, chats, emails, social media messages, or indirect contact through third parties.
Vacate the shared home: immediate removal of the respondent from the residence, regardless of property title; exclusive temporary use can be awarded to the victim.
Temporary custody & visitation terms: award temporary custody of minor children to the victim; restrict, supervise, or suspend the respondent’s visitation if harmful.
Support: order temporary financial support (e.g., for food, rent, utilities), medical and psychological care, and school needs of the children.
Firearms & licenses: immediate suspension of firearm licenses; order to surrender guns and deadly weapons to the police.
Workplace/school safeguards: notify employers or school heads to help implement safety measures.
Law-enforcement assistance: PNP/WCPD/sheriff to serve orders, accompany the victim to retrieve belongings, and secure premises.
Protection of communications & personal effects: exclusive use of devices or accounts, return of IDs/cards, vehicle, keys, and essential documents.
Other just and equitable measures: anything necessary to prevent further abuse or coercion.

Where to file

Primary venue: The Family Court of the place where the victim resides, the respondent resides, or where the abuse occurred—whichever is most convenient and safe.
If no Family Court is available: File in the Regional Trial Court designated to handle family cases, or in the MeTC/MTC/MCTC with territorial jurisdiction, as allowed by the special rules.
Confidentiality & closed-door hearings: Proceedings may be confidential; the court can hold in-camera (closed-door) hearings, especially when children are involved.

Filing fees and legal representation

Filing fees: Waived for petitions for protection orders under RA 9262 and its special rules.
Lawyer: Not required to file, though legal help can be invaluable.
Free legal aid: Public Attorney’s Office (PAO), IBP Legal Aid, DSWD social workers, LGU social welfare offices, PNP WCPD, and many NGOs can assist with drafting, filing, and safety planning.

What to prepare (documents & evidence)

You can file even with minimal documents if you’re in danger. That said, these help:

Sworn petition/affidavit detailing incidents (dates, places, what happened, injuries, threats, witnesses, prior reports).
Police blotter, medical certificate, medico-legal report, photos/videos, texts/chats/emails, call logs, social-media screenshots, CCTV, witness affidavits.
Children’s records (birth certificates, school records) if seeking custody/visitation limits or support.
Proof of expenses (receipts, bills) if asking for temporary support.
Firearm info (if any) for surrender/suspension directives.

Tip: Courts and barangays often have pre-printed petition forms for BPO/TPO/PPO—ask the clerk of court or barangay desk.

Step-by-step: How to get a TPO

Prioritize immediate safety
- If the threat is urgent, go first to the nearest barangay for a BPO (quickest relief) and/or to the PNP–WCPD. You can file for a TPO the same day or next business day.
Draft and file the petition
- Go to the Family Court (or designated court). Tell the Office of the Clerk of Court you’re filing a Petition for Protection Order (TPO/PPO) under RA 9262.
- Fill out the petition form; attach your affidavit and any evidence. If a support order is needed, itemize basic needs. If you want the abuser removed, state that clearly.
Ex parte evaluation and raffle
- After filing, the case is raffled to a branch. The judge may issue the TPO ex parte the same day based on your petition and affidavits. The court will also schedule a PPO hearing (within the 30-day TPO window).
Service and enforcement
- The sheriff/PNP serves the TPO and summons on the respondent. If the TPO orders the respondent to vacate, law enforcement can escort and ensure compliance.
- You’ll receive a copy of the TPO—carry it and share with the barangay, building guards, workplace HR, and your child’s school.
PPO hearing
- Within the 30-day TPO validity, the court hears the petition. The rules of evidence are liberal in protection-order cases; in-camera testimony and child-sensitive procedures are available.
- If the court finds grounds, it issues a PPO (continuing relief). Otherwise, it may modify/extend interim reliefs as justice requires.

Duration, extension, and modification

TPO validity: 30 days from issuance, unless otherwise specified by the court.
Before lapse: The court must hold a hearing on the PPO; interim reliefs can be maintained/expanded in the PPO.
Modification: Either party (usually the victim) may move to modify terms (e.g., adjust stay-away distance, visitation conditions) upon new facts or safety concerns.

What if the respondent violates a TPO?

It’s a criminal offense. Violating a protection order (BPO/TPO/PPO) is punishable under RA 9262, on top of any separate criminal case for the underlying abuse.
Arrest & contempt. Police can arrest for violations occurring in their presence; the court can also cite the violator for contempt.
Report immediately. Keep copies of the order. If violated, go to PNP/WCPD or the issuing court at once; document the incident (photos, messages, witnesses).

Safety planning alongside a TPO

Tell your circle: Give a copy of the order to trusted neighbors, security, HR, school, and the barangay.
Digital safety: Change passwords; tighten privacy settings; log out of shared devices; consider new SIM/email if stalking persists.
Children’s safety: Provide schools with pickup lists, photographs of the respondent, and a copy of the TPO specifying no-pickup rules.
Emergency bag: IDs, birth certificates, cash, meds, keys, a phone charger, and essential documents.
Counseling & medico-legal care: Courts may require mandatory counseling for the respondent; survivors can seek trauma-informed services via public hospitals, DSWD, and NGOs.

Common questions (FAQs)

Do I need a police report to get a TPO? No. It helps, but the court can issue a TPO based on your sworn statements and supporting evidence.

Can the court order him to leave a house he owns? Yes. Property title doesn’t bar the court from granting exclusive temporary use to protect the victim and children.

What about firearms? Courts can suspend firearm licenses and order immediate surrender of guns and deadly weapons.

Will the court decide child custody permanently in a TPO? A TPO gives temporary custody arrangements. Longer-term custody is usually addressed in a PPO or in a separate custody case, if needed.

What if I already have a BPO? You can (and often should) still apply for a TPO for broader reliefs (custody, support, removal from residence, firearms, etc.).

Are hearings public? Protection-order hearings can be confidential and in camera, especially when children are involved.

Practical checklist

If in immediate danger, go to barangay (BPO) and/or PNP-WCPD now.
Prepare a sworn narrative of the abuse (who, what, when, where, how, injuries/threats, witnesses).
Gather proof: medical, photos, messages, receipts, school/child records.
Go to the Family Court (or designated court) to file a TPO/PPO petition.
Request key reliefs: no contact, stay-away, vacate residence, temporary custody, support, firearm surrender.
Keep multiple copies of the order; share with barangay, police, school, HR, security.
Report any violation immediately; keep a log and evidence.
Attend the PPO hearing; ask for modifications if safety needs change.

Key takeaways

A TPO is fast, ex parte, and broad—aimed at stopping abuse and stabilizing safety and support within 30 days while the court moves toward a PPO.
You do not need to pay filing fees or have a lawyer to seek protection.
Use the BPO → TPO → PPO pathway strategically: start with what’s fastest (BPO) and then secure comprehensive, court-enforceable protection (TPO/PPO).
Always pair court remedies with safety planning, documentation, and community supports.

If you’d like, I can turn this into a fill-in-the-blanks TPO petition template and a one-page court-day checklist you can print and bring to the courthouse.