When You Can Get One and How to File (Philippine Legal Article)

Quick orientation: “Restraining order” vs “Protection order”

In everyday use, Filipinos often say “restraining order” to mean a court order that tells someone to stop contacting, approaching, harassing, threatening, or harming another person. In Philippine law, the correct term depends on the situation:

Protection Orders under R.A. 9262 (Anti-VAWC Law) These are the most practical “restraining order” tools for abuse in intimate/family contexts. The “permanent” version is the Permanent Protection Order (PPO).
Civil law restraining orders (TRO / injunction) under the Rules of Court These are used to stop specific acts (e.g., harassment tied to a property dispute, online defamation-related acts, interference with custody arrangements, workplace interference, etc.). A “permanent” version is typically a permanent injunction after trial/hearing.

Because the phrase “Permanent Restraining Order” isn’t a single, universal label in statutes, most people asking for a “permanent restraining order” are actually looking for either:

a Permanent Protection Order (PPO) under R.A. 9262, or
a permanent injunction (or similar final injunctive relief) under the Rules of Court.

This article covers both—starting with the most common and most victim-focused: R.A. 9262 PPOs.

Part I — Permanent Protection Orders (PPO) under R.A. 9262 (Anti-VAWC)

A. When you can get a PPO (who qualifies)

A PPO is available when the case involves Violence Against Women and Their Children (VAWC). Key points:

1) The victim must be a woman, or her child(ren).

“Children” generally includes the woman’s children (legitimate or illegitimate), and can include those under her care as recognized in practice under child-protection contexts.

2) The respondent must have (or have had) a specific relationship with the woman. Protection orders under R.A. 9262 apply when the woman and respondent are:

spouses (married),
former spouses,
in a dating relationship (current or past),
in a sexual relationship (current or past),
or share a common child, even without a dating relationship.

If the person harming or harassing you is NOT in any of these relationship categories, R.A. 9262 may not be the proper basis (you may need a civil TRO/injunction or other criminal/civil remedies).

B. What a PPO can cover (common “restraining order” terms)

A PPO can include broad protective and practical relief, such as orders that the respondent must:

1) Stop contact and keep distance

No contact: calls, texts, messages, emails, social media, through friends/relatives.
Stay away from: your home, workplace, school, and other specified places.
Avoid approaching or following you.

2) Leave the home / keep you in possession

Order the respondent to vacate the residence (even if the home is in the respondent’s name in some situations, depending on circumstances and safety needs).
Grant you possession and use of the residence.

3) Stop harassment and threats

Prohibit threats, intimidation, stalking-like conduct, surveillance, or harassment in any form.

4) Firearms and weapons restrictions

Order surrender of firearms and prohibit possession/use, if safety requires.

5) Custody, visitation limits, and child-related protections

Temporary or longer-term custody provisions.
Restrict visitation when it endangers the child or the woman.
Protect children from being taken, concealed, or removed from school/home.

6) Support and financial relief

Order financial support for the woman and/or children, including basic necessities.
Prevent the respondent from controlling or depriving the victim of money and resources.

7) Other necessary relief

Any other measure the court finds necessary to protect life, safety, and wellbeing.

In practice, the “restraining” portion is usually the no-contact / stay-away terms, but PPOs can go beyond that.

C. The ladder of protection orders: BPO → TPO → PPO

R.A. 9262 provides three main protection orders, which often build toward a “permanent” order:

1) Barangay Protection Order (BPO)

Filed at the barangay.
Generally addresses immediate anti-violence measures (e.g., stop threats/harassment, no contact).
Typically short-lived and designed for urgent safety.

2) Temporary Protection Order (TPO)

Filed in court.
Can be issued ex parte (without the respondent present) based on urgency and safety.
Short-term, bridging relief while the case is heard.

3) Permanent Protection Order (PPO)

Issued after notice and hearing (the respondent is given the chance to respond).
Called “permanent” because it generally remains effective until modified or revoked by the court.

Important idea: If you need immediate safety today, many victims seek a TPO first, then proceed to a PPO.

D. Where to file a PPO petition

Typically, you file in the Family Court (a designated Regional Trial Court branch) or the appropriate court that handles family matters in your area.

Venue commonly depends on rules such as:

where the petitioner (victim) resides,
where the respondent resides,
or where the violence occurred,

and courts often lean toward victim-accessible venue for protection order petitions when allowed.

If you are unsure which court branch is designated as Family Court in your city/province, you can still file at the RTC and the case can be raffled/assigned appropriately.

E. How to file for a PPO (step-by-step)

Step 1: Prepare your petition and basic facts

A PPO request is typically initiated by a verified petition (sworn) stating:

your identity and relationship to respondent,
the acts of violence/harassment/threats,
dates, places, and specific incidents,
current risk and need for protection,
the specific protection terms you want (no-contact, distance, vacate home, custody, support, firearms surrender, etc.).

If you cannot safely disclose your exact address, explain the risk and request confidentiality measures when available.

Step 2: Collect supporting evidence (even if incomplete)

Bring what you have. Examples:

screenshots of messages, call logs, emails, social media threats,
photos of injuries or property damage,
medical records (ER notes, medico-legal),
police blotter entries or incident reports,
barangay records (if any),
witness statements/affidavits (neighbors, co-workers, relatives, friends),
documentation of financial abuse (withholding money, forced debt, controlled accounts),
evidence involving children (school reports, guidance notes, threats involving the child).

You can still file even without “perfect” evidence—especially for urgent relief—so long as your narration is credible and specific.

Step 3: File with the court

Submit:

the petition (verified),
annexes/evidence copies,
any required forms.

There may be docket/filing fees depending on classification and local rules, but courts may allow indigent litigants to seek fee relief upon proper application.

Step 4: Ask for immediate interim protection if needed

If the danger is imminent, request a TPO while the PPO case is being heard. Courts can set hearings promptly and issue interim terms when warranted.

Step 5: Service and hearing

The respondent is served and given the chance to answer.
The court conducts hearings to determine whether a PPO should issue and what terms are necessary and reasonable.

Step 6: Issuance of PPO and enforcement

Once issued:

Keep multiple copies.
Provide copies to local police and security personnel at your workplace/school if relevant.
Document violations immediately.

F. What happens if the respondent violates a PPO

Violating a protection order is serious. Consequences can include:

criminal liability (under R.A. 9262 mechanisms and related enforcement),
arrest depending on circumstances and enforcement protocols,
additional charges for threats, physical injuries, coercion, and other crimes,
court sanctions (including contempt-type consequences depending on the proceeding).

Practically, your best enforcement tool is:

call law enforcement immediately upon violation,
show the protection order,
document the incident (video, witnesses, screenshots, blotter).

G. Can a PPO be changed or lifted?

Although called “permanent,” a PPO is generally effective until modified or revoked by the court. Either side may file a motion to:

modify distance/no-contact terms,
adjust custody/support provisions,
clarify ambiguous provisions,
or revoke—though revocation should not be automatic and should be carefully assessed against safety risk.

Part II — “Permanent Restraining Order” outside R.A. 9262 (Civil TRO / Injunction)

If your situation does not fall under R.A. 9262 (for example, the harasser is a neighbor, co-worker, business partner, stranger, or a relative not covered by the R.A. 9262 relationship categories), you may be looking at:

A. Temporary Restraining Order (TRO)

Short-term emergency relief to stop a specific act while the case is pending.
Issued under strict requirements; usually time-limited.
Often followed by a hearing for a preliminary injunction.

B. Preliminary Injunction

A court order maintaining protection while the case proceeds.
Requires showing legal right, urgent necessity, and likelihood of irreparable injury.

C. Permanent Injunction (the “permanent restraining order” equivalent)

Issued as part of a final judgment after hearing/trial on the merits.
Orders a party to permanently stop specific acts.

Key limitation: Civil injunctions are not a “one-size-fits-all anti-harassment order.” Courts typically require:

a recognizable legal right to protect,
a clear wrongful act to restrain,
and proof of serious, often irreparable harm.

If the behavior amounts to a crime (grave threats, unjust vexation-type behavior patterns, physical injuries, trespass, etc.), criminal complaints may be more appropriate—or may proceed alongside civil remedies depending on the facts.

D. Where to file TRO/injunction cases

Usually filed in the court that has jurisdiction over:

the subject matter (e.g., rights affected),
the location of the acts or parties,
and the type/amount of claim if any.

Depending on the case, this could be the MTC/MeTC or the RTC.

E. Barangay conciliation considerations (Katarungang Pambarangay)

For many neighborhood or minor civil disputes, a barangay conciliation process is often required before filing in court, but there are exceptions (e.g., urgent legal action needed, safety risks, or circumstances that legally excuse barangay proceedings). Because TROs are emergency remedies, parties often argue urgency/exception where applicable.

Part III — Choosing the right remedy (practical guide)

1) If the abuser is an intimate partner/ex-partner/spouse or shares a child with you

Primary tool: R.A. 9262 Protection Orders (BPO/TPO/PPO) This is the closest match to what most people mean by a “permanent restraining order” in the Philippines.

2) If the harasser is outside R.A. 9262 relationships

Possible tools:

Civil TRO / preliminary injunction / permanent injunction (Rules of Court),
Criminal complaints for threat/harassment-related offenses depending on facts,
Other special-law remedies depending on the exact conduct (e.g., online abuse, sexual harassment frameworks, etc.), but the availability of “protection orders” varies by statute and situation.

3) If children are at risk

Courts will prioritize child safety. Even when the legal vehicle differs (family cases, custody disputes, special proceedings), you should:

request child-focused protective terms (distance, school restrictions, supervised exchanges),
document child-related threats and incidents carefully.

Part IV — Drafting your requested protections (what to ask the court for)

Whether under R.A. 9262 (PPO) or in an injunction case, be specific. Common terms include:

“Respondent is prohibited from contacting petitioner directly or indirectly by any means.”
“Respondent must stay at least ___ meters away from petitioner, her residence, workplace, and child’s school.”
“Respondent is ordered to vacate the residence located at ____ and is prohibited from entering.”
“Respondent is prohibited from harassing, threatening, stalking-like conduct, surveillance, or posting about petitioner.”
“Respondent shall surrender firearms/weapons to proper authorities and is prohibited from possessing firearms.”
“Temporary custody of the minor child is granted to petitioner; respondent’s visitation is suspended/conditioned/supervised.”
“Respondent is ordered to provide support in the amount of ___, payable ___.”

A court is more likely to grant tailored relief when the request is concrete and tied to safety risks.

Part V — Evidence tips that matter in Philippine proceedings

Chronology wins: A dated timeline of incidents is powerful.
Screenshots need context: Include the account name/number, date/time, and how you obtained the screenshot.
Medical records are strong: ER notes, medico-legal certificates, prescriptions, photos.
Witness affidavits help: Especially from neutral parties (neighbors, guard personnel, coworkers).
Police/blotter records help but aren’t required: Lack of a blotter doesn’t mean lack of truth; but having one can strengthen urgency and credibility.
Preserve devices/accounts: Don’t delete messages; back them up safely.

Part VI — Common misconceptions

1) “Permanent” means forever no matter what. Not exactly. A PPO/permanent injunction generally stays effective until the court changes it. Courts can modify on proper motion, but should not do so casually where safety is at stake.

2) “A PPO is available against anyone threatening me.” A PPO under R.A. 9262 is tied to VAWC relationships. If the respondent doesn’t fall into those categories, you likely need different remedies.

3) “I need a criminal case first before getting a protection order.” Not necessarily. Protection orders can be sought for safety even while criminal cases are pending or even before a full criminal case is pursued, depending on circumstances.

4) “Messages and online threats don’t count.” They can count—especially for psychological violence, threats, intimidation, and harassment patterns.

General legal information notice

This article is for general legal information in the Philippine context and is not a substitute for advice based on your specific facts.