Short answer up front: if your live-in partner is threatening you, the law gives robust, immediate protections—especially under the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262)—alongside criminal remedies under the Revised Penal Code, emergency Protection Orders (Barangay, Temporary, and Permanent), and safety and support services from the PNP Women and Children Protection Desks, DSWD, and local social welfare offices. This article explains how those protections work, who’s covered, what to file, where to go, and what evidence helps.

1) What counts as a “threat”?

A “threat” is any communication—spoken, written, text/DM, online post, gesture, or implied conduct—meant to place you in fear of harm to life, limb, dignity, liberty, or property. Threats can include “I’ll hurt you,” “I’ll take the kids,” “I’ll ruin your job,” or “I’ll post your photos.” Under Philippine law, threats may be:

Psychological violence under RA 9262 (e.g., intimidation, harassment, stalking, repeated insults, controlling behavior, threats to harm you or your child, or to deprive you of custody/support).
Grave/Light Threats under the Revised Penal Code (RPC) (Articles 282–283), depending on the severity and conditions attached.
Cyber-related threats when made online or through devices (various statutes can apply, including the Cybercrime framework for threats committed via ICT).
Stalking and harassment behaviors may also be sanctioned by local ordinances and national laws on gender-based harassment in certain contexts.

2) Who is protected?

Women and their children (RA 9262)

RA 9262 protects women and their children from violence (physical, sexual, psychological, and economic) committed by:

a husband or former husband,
a live-in partner or former live-in partner,
a person with whom the woman has/had a sexual or dating relationship, or
a person with whom she has a common child.

“Children” includes biological or adopted children, legitimate or illegitimate, and those under the woman’s care.

Key point: Because RA 9262 is a gender-specific law, its core protections (including Protection Orders and the special criminal offense of VAWC) attach when the victim is a woman or her child, and the perpetrator is a person with whom she has the qualifying relationship above.

Others (men and LGBTQ+ victims)

People not covered by RA 9262’s victim class (e.g., a male victim threatened by his female live-in partner, or certain same-sex configurations) still have remedies:

RPC threats (criminal complaint for Grave/Light Threats).
Writ of Amparo (for threats to life, liberty, or security) against private or state actors.
Civil actions for damages, injunctions, and custody/support (as applicable).
Workplace and community safety measures, including employer policies, trespass actions, and LGU support services.

These routes do not give the RA 9262-style Protection Orders by default, but courts and law enforcement can still provide meaningful protection through criminal process, bail conditions, restraining-type relief (via Amparo), and safety planning.

3) What laws are most relevant?

RA 9262 (Anti-VAWC): Covers threats as psychological violence, economic abuse (e.g., threats to withdraw support), stalking, and similar acts within the covered relationships. It provides Protection Orders (BPO/TPO/PPO), criminal penalties, custody/support reliefs, firearm seizure, and mandatory counseling programs for offenders.
Revised Penal Code (RPC):
- Grave Threats (Art. 282) and Light Threats (Art. 283): Stand-alone crimes; can be charged regardless of gender or relationship.
- Related offenses may include grave coercion, unjust vexation, alarm and scandal, slander/libel (if threats are publicized), and coercion to force acts against one’s will.
Special statutes and court remedies:
- Cybercrime framework for threats and harassment using ICT.
- Writ of Amparo for credible threats to life, liberty, or security (gender-neutral).
- RA 7610 for child victims, Safe Spaces Act for gender-based harassment in streets/workplaces/online contexts (context-specific).

4) Immediate protection: the three Protection Orders (for women and their children)

A) Barangay Protection Order (BPO)

Where to file: Any barangay where you reside or where the threat/violence occurred.
How fast: Issued ex parte, typically the same day.
Validity: Usually 15 days.
Reliefs commonly granted:
- No-contact / stay-away orders,
- prohibition against threats, harassment, stalking,
- removal/surrender of firearms,
- exclusive custody of children on an interim basis (as appropriate),
- exclusion of the perpetrator from the residence (even if owned/leased by the perpetrator), granting the woman temporary exclusive use.

Violation of a BPO is a criminal offense; the police must arrest the violator even without a warrant when the violation occurs in their presence or when probable cause is established promptly.

B) Temporary Protection Order (TPO)

Where: Family Court/RTC (or MeTC/MTC where allowed).
How fast: May be issued ex parte within 24 hours of filing.
Validity: Typically 30 days (renewable until hearing on PPO).
Scope: All BPO reliefs plus: temporary support, custody, visitation rules, possession of personal effects, use of a vehicle, payment of rent/mortgage, and other measures to secure safety and economic stability.

C) Permanent Protection Order (PPO)

How: Issued after hearing, with both parties heard (subject to interim ex parte relief).
Validity: Continuous unless modified or lifted by the court.
Scope: Can mirror and expand TPO reliefs, including long-term custody/support arrangements, perpetual stay-away directives, firearm bans, and mandatory counseling/treatment.

No barangay conciliation pre-condition: Petitions and criminal actions under RA 9262 are not subject to barangay conciliation; do not delay filing.

5) Criminal complaints and parallel remedies

RA 9262 criminal case: File with the City/Provincial Prosecutor (through the police WCPD or directly at the Prosecution Office). If the offender is arrested in flagrante, inquest may proceed.
RPC threats case: File a separate or alternative criminal complaint for Grave/Light Threats when RA 9262 does not apply or as an additional count.
Cyber-threats: Preserve digital evidence (see §7) and include cyber elements in the complaint.
Writ of Amparo: File before the Regional Trial Court (or Court of Appeals/Supreme Court in specific situations) for urgent protection of life, liberty, or security; may result in court-ordered protection measures and production of documents/records.

Double-track approach: It’s common—and strategic—to pursue both a Protection Order (civil remedy for safety) and a criminal case (accountability and deterrence) simultaneously.

6) Reliefs you can ask for (menu of protections)

No threats, no harassment, no contact (offline/online).
Stay-away orders from you, your home, work, school, places you frequent, your family.
Exclusive use of the residence (even if titled/leased to the abuser).
Temporary custody of children; supervised exchanges/visitation.
Child and spousal/partner support; payment of rent, utilities, school fees, medical needs.
Firearm confiscation and suspension/cancellation of licenses/permits to carry.
Surrender of keys, IDs, documents, gadgets, and access credentials (e.g., to shared accounts).
Protection of pets and service animals.
Confidentiality orders to protect your address and contact details.
Mandatory counseling/psychiatric treatment for the offender (RA 9262).

7) Evidence: what helps prove threats and psychological violence

Digital communications: screenshots/exports of texts, messaging apps, emails, call logs, voicemail, social media posts/DMs, and metadata if available.
Recordings: Threatening voice notes or videos (respecting legal recording limits; in practice, recordings of threats you receive are commonly used).
Witnesses: Neighbors, relatives, co-workers, barangay officers, teachers, caregivers.
Pattern documentation: A timeline of incidents, journals, prior complaints, blotter entries, hospital/clinic visits.
Medical/Mental-health records: Medico-legal, psychological evaluation for battered woman syndrome or anxiety/depression linked to abuse.
Financial documents: Proof of economic abuse (withholding support, blocking access to funds, sabotaging employment).
Children’s records: Guidance counselor notes, pediatric/psych reports if children are threatened or affected.

Preservation tips: Export chats to PDF, keep originals on a secure device/cloud, email copies to a trusted account, and avoid altering timestamps or message order. Keep a go-bag with IDs, cash, meds, key documents, and emergency contacts.

8) Where to go (practical pathways)

Emergency: Dial local police; go to the nearest PNP Women and Children Protection Desk (WCPD) or barangay hall.
Protection Orders:
- BPO: File at the barangay (no lawyer required).
- TPO/PPO: File at the Family Court/RTC; the PAO or private counsel can assist; social workers often help prepare affidavits.
Medical: Government hospitals’ Women and Children Protection Units (WCPUs) for medico-legal and psychosocial services.
Shelter/Support: DSWD temporary shelters (e.g., Haven for women and their children), LGU crisis centers, NGOs, church-based programs.
Workplace: You may invoke 10-day paid VAWC leave (extendible by the court) to attend to medical, legal, and safety needs.

9) If you are not covered by RA 9262 (e.g., male victim)

File criminal complaints for threats/coercion under the RPC.
Seek a Writ of Amparo for serious threats to life/liberty/security.
Ask prosecutors and courts to impose no-contact and stay-away conditions as part of bail or probation, where applicable.
Use civil actions (injunctions/damages), trespass and harassment remedies, and employer or school safety policies.
Safety planning and LGU social welfare services remain available regardless of gender.

10) Custody, support, property, and immigration/status issues

Custody & visitation can be set temporarily by TPO/PPO and later by the court permanently, focusing on the best interests of the child.
Child support may be ordered even without a separate family case.
Property/home use: Courts can grant you exclusive use regardless of registered ownership for your protection.
Foreign partners: Travel documents, visas, and cross-border issues may require consular coordination; PPO violations can trigger immigration consequences for foreign nationals.

11) Penalties and accountability

RA 9262: Imprisonment (graduated by act and consequences), fines, and mandatory counseling; each violation of a Protection Order is a separate offense.
RPC threats: Penalties vary by gravity/conditions; cyber or weapon involvement can aggravate.
Contempt/Sanctions: Violating court orders (TPO/PPO) can result in arrest and detention for contempt, apart from criminal liability.

12) Common pitfalls—and how to avoid them

Waiting for a “big incident.” Threats alone already justify a BPO/TPO. File early.
Deleting messages. Never delete; export and back up instead.
Relocating without orders. If safe to do so, secure TPO/BPO first to formalize no-contact and custody.
Relying on barangay mediation. VAWC is not subject to mediation/conciliation; insist on a BPO and referral to WCPD.
Going it alone. Social workers, PAO, and NGOs can help you prepare affidavits and navigate hearings.

13) Practical filing checklist (for women/children under RA 9262)

Go to the barangay for a BPO (bring any ID; no filing fee).
Proceed to WCPD for blotter and assistance; request referral to Family Court for a TPO the same or next working day.
Prepare a sworn statement with dates, quotes/screenshots of threats, and a short incident timeline.
Attach evidence (screenshots, call logs, witness names, medical notes).
List requested reliefs (no contact, stay-away radius, home exclusion, custody/support, firearm surrender, device/access return).
Ask for confidentiality of address and workplace.
Arrange safety and shelter if needed; coordinate child’s school and employer HR re: safety notices.

14) FAQs

Can I get protection even if we still live together? Yes. Courts commonly exclude the abuser from the home and give you exclusive use.
What if he never hit me—only threatened me? Threats can be psychological violence under RA 9262 and are enough for Protection Orders and criminal action.
Will he lose his firearms? Courts can order immediate seizure and suspend licenses.
Can we settle? Criminal liability is generally not subject to private settlement, and courts discourage mediation in VAWC due to unequal power dynamics.
Do I need a lawyer? Not for a BPO. For TPO/PPO and criminal cases, PAO or pro-bono counsel can assist if you qualify.

15) Final safety notes

Trust your instincts. If the threat feels real, treat it as real.
Document everything and act early—Protection Orders are designed to be fast.
Loop in allies: family, neighbors, HR, school, and building security.
Prioritize children’s safety—schools can enforce pick-up restrictions with a copy of your order.
Self-care matters; trauma-informed counseling can help you plan and heal.

Disclaimer

This article is for general information and does not replace personalized legal advice. For case-specific guidance, consult a lawyer or the Public Attorney’s Office, or approach your local WCPD/social welfare office. If you’re in immediate danger, go to the nearest barangay hall or call the police right away.