VAWC in the Philippines: How to Seek Protection Orders and File Criminal & Civil Cases

This is general information about Philippine law—helpful for understanding your options, but not a substitute for advice from a lawyer or a government caseworker.

1) What counts as VAWC?

Under the Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262, the “VAWC Law”), “violence” includes any of the following committed by a person against a woman with whom he/she has or had a marriage, sexual, or dating relationship, or against her child (whether the child is his/hers or not, legitimate or illegitimate):

Physical abuse – hitting, slapping, strangling, etc.
Sexual abuse – rape, sexual assault, coercing sexual acts, forcing humiliating sexual conduct.
Psychological abuse – threats, intimidation, stalking, repeated verbal abuse, public shaming, controlling behavior, marital infidelity that causes emotional suffering, cyber-harassment, etc.
Economic abuse – withdrawing/withholding lawful support, controlling the woman’s money or property, preventing her from working or engaging in a business, destroying household property, etc.

Children are protected if they are under 18, or over 18 but unable to protect themselves due to a condition (e.g., disability). Dating relationship means a romantic involvement over time; it is more than casual acquaintance.

2) Your main legal tools, at a glance

Protection Orders (POs) – fast, preventive orders that tell the abuser to stop and stay away, and can grant custody/support and many other urgent reliefs.
- Barangay Protection Order (BPO): issued by the Barangay (Punong Barangay or, if unavailable, a Kagawad). Quickest to get, short-term.
- Temporary Protection Order (TPO): issued by the court ex parte (without the other side present) based on your papers, short-term but stronger than a BPO.
- Permanent Protection Order (PPO): issued by the court after a hearing; long-term.
Criminal case – to punish the VAWC offender (imprisonment, fines, mandatory counseling).
Civil case(s) – to secure damages, support, custody/visitation, property, annulment/legal separation, etc. (many of these can also be obtained as reliefs inside a PO).

You can pursue all three tracks at once. A PO is independent of, and can run alongside, criminal and civil actions.

3) Who can apply and where

Who may apply for a PO or file a case

The woman victim herself.
The child victim (with assistance), or a parent/guardian.
A relative by blood/affinity, a social worker (DSWD/LGU), Barangay official, police officer, healthcare provider, lawyer, or any person with personal knowledge of the abuse (especially if the victim is a minor, elderly, has a disability, or is otherwise unable to file).

Where to apply/file

BPO: at the Barangay where the victim resides or where the abuse occurred (any time, including nights/weekends).
TPO/PPO: at the Family Court (Regional Trial Court designated as such) where the petitioner lives or where the abuse happened. (If there’s no designated Family Court, file at the RTC.)
Criminal complaint: with the Office of the City/Provincial Prosecutor (or the court if a direct filing is allowed), usually where the victim lives or where the offense occurred.
Civil actions: at the Family Court/RTC (or other proper court depending on the relief).

No need to wait for a criminal case before seeking a BPO or TPO.

4) Protection Orders in detail

A) Barangay Protection Order (BPO)

What it does (typical reliefs)

Orders the respondent to stop the abuse, threats, harassment, stalking, and contact (including via calls, texts, social media).
Orders the respondent to stay away from the woman/child, their home, school, workplace, or places they frequent.
The Barangay may also help with referrals to the PNP Women & Children Protection Desk (WCPD), DSWD, shelters, and hospitals.

How to get it

Go to your Barangay Hall and request a BPO.
Bring any proof you have (ID, photos of injuries, threatening messages, medical notes). If you have none, still go; your sworn statement can be enough to issue a BPO.
The Barangay can take your sworn statement and issue the BPO quickly (the Punong Barangay can issue immediately; a Kagawad can issue if the Punong Barangay is unavailable).
The Barangay will serve the BPO on the respondent (often through Barangay tanods or the police) and coordinate enforcement.

Validity & next steps

A BPO is short-term (intended as an emergency measure). Before it lapses, file a TPO in court if you still need protection or need wider reliefs (support, custody, firearm surrender, removal from home, etc.).

B) Court-issued TPO and PPO

Reliefs available (examples)

No contact / stay-away orders (often with distance limits).
Removal of the abuser from the residence regardless of property title/lease (you and the children can stay).
Temporary custody of children and visitation conditions (or suspension).
Child and spousal support (temporary and/or ongoing).
Exclusive use of a vehicle, cellphone, or other essential property; protection of your job/school (no harassment at your workplace/school).
Surrender of firearms and cancellation/suspension of gun licenses; ban on acquiring weapons.
Counseling/psychiatric treatment for the respondent; attend rehabilitation programs.
Protection of pets and personal effects; prohibition on selling/disposing of conjugal/community property.
Restitution/compensation for expenses, medical/psychological treatment, and other monetary reliefs.
Orders to law enforcement to assist with implementation and to accompany you to safely retrieve belongings.

TPO (Temporary Protection Order)

You file a verified petition with supporting affidavits and evidence; the court may issue a TPO ex parte (without a hearing) based on your papers.
A TPO is short-term (commonly around 30 days) and is meant to hold the line until a PPO hearing.

PPO (Permanent Protection Order)

Issued after notice and hearing (both sides are heard).
Long-term (until modified/lifted by the court).
The court can extend or modify reliefs as circumstances change.

Service & enforcement

Orders are immediately executory once served. Sheriffs, police, and Barangays assist with service and implementation.
Violation of a PO is itself a criminal offense, on top of any underlying VAWC crimes.

Costs & confidentiality

Courts assist petitioners; applications for POs are summary (fast-track). Indigents are exempt from docket fees; even when fees ordinarily apply, courts widely defer/waive them in VAWC matters.
Proceedings involving minors and sensitive facts may be in-camera (closed-door). Publication of identifying information is generally restricted.

5) How to prepare your petition (TPO/PPO)

What to bring

Government ID of petitioner; children’s birth certificates (if asking for custody/support).
Evidence: photos of injuries/damage, threatening messages or call logs, social media screenshots, emails, receipts, CCTV clips, medical/psych reports, prior BPO/TPO, police blotter, barangay incident log, neighbor/witness statements, school/work incident reports.
Proof of expenses/income (for support): payslips, bank statements, tuition bills, rent, utilities, groceries, medicine.

What to write

A clear timeline of abuse (dates, places, what happened, who saw it, any injuries/expenses).
Explain relationship to respondent (spouse, ex-partner, dating relationship, co-parent).
Explain current risks (access to firearms, threats to kidnap children, stalking).
List the reliefs you want (use the menu above; be specific about addresses to be protected, distance, custody/visitation schedule, support amounts, property you need to use, etc.).
Attach supporting affidavits from witnesses, social workers, barangay officials, or doctors.

Filing & hearing

File at the Family Court clerk of court. The judge may issue a same-day TPO on the papers, then set a PPO hearing.
Bring originals of your exhibits to the hearing. The standard of proof is preponderance of evidence (more likely than not).

6) Criminal cases under RA 9262

Acts punished (illustrative)

Causing physical injuries or threats thereof.
Stalking, harassment, repeated verbal abuse, degradation, public humiliation, controlling movements/communications.
Sexual violence (rape/sexual assault/coercion).
Economic abuse (withholding lawful support, controlling money or work).
Psychological violence—including patterns of infidelity, humiliation, or harassment that cause mental/emotional anguish.

Where & how to file

Go to the PNP Women and Children Protection Desk (WCPD) or the Office of the Prosecutor.
Submit a sworn complaint-affidavit with your evidence. The prosecutor can help craft the charge (RA 9262 and/or other crimes like rape, unjust vexation, grave threats, child abuse, etc.).
Inquest (if the offender was arrested) or preliminary investigation (if not). If there is probable cause, an Information is filed in court and a warrant may issue.

Penalties & conditions

Penalties vary by act and severity (imprisonment, fines). Courts commonly require mandatory counseling/psychiatric treatment for offenders.
Bail may be available depending on the charge. Protection orders can (and should) co-exist with the criminal case.

Venue rule helpful to victims

You can file where you live or where the offense occurred (a victim-friendly venue rule).

7) Civil remedies (can combine with POs)

Damages (actual, moral, exemplary), attorney’s fees, restitution of expenses.
Support (child and/or spousal), including temporary support while the case is pending.
Custody/visitation (or suspension of parental authority in severe cases).
Property protections: exclusive use of the home, protection of conjugal/community property from disposal/encumbrance, inventory of property, return of personal effects.
Annulment/Declaration of Nullity/Legal Separation, if applicable (separate grounds, separate evidentiary standards).
Independent civil actions may proceed alongside the criminal case.

8) Evidence, documentation, and digital abuse

Document everything: save texts, chats, emails, call logs, social media posts, GPS tags, bank records, and photos (keep originals with metadata). Print hard copies for filing.
Medical & psych records are powerful: ER notes, medico-legal certificates, mental-health assessments tying abuse to trauma/anxiety/depression.
Digital VAWC (stalking, doxxing, revenge porn, spyware, threats via apps) still counts (usually as psychological or sexual violence). Other laws may also apply (e.g., Anti-Photo and Video Voyeurism, Cybercrime Prevention, Data Privacy).
If the abuser uses weapons, asks third parties to harass you, or threatens to kidnap children, say so explicitly in your petition—courts can order firearm surrender, stay-away from schools, and escort assistance by the police.

9) If the order is violated

Call the police / WCPD and show the PO.
Warrantless arrest is allowed when the violation occurs in an officer’s presence or in other situations permitted by the Rules on Arrest.
Violation of a PO is itself a separate crime; report it and keep records of each incident (date, time, screenshots, CCTV, witnesses).

10) Minors and vulnerable victims

Courts can hold in-camera (private) proceedings.
DSWD/LGU social workers can file or appear for/with minors and vulnerable adults.
Confidentiality rules limit access to records and publication of identities.

11) Practical, step-by-step playbook

If you’re in immediate danger

Get to a safe place (neighbor, relative, Barangay Hall, police station, hospital).
Seek medical attention; ask for a medico-legal exam if there are injuries or sexual assault.
Blotter the incident at the Barangay or police (helpful but not required to get a BPO/TPO).

Within 24–72 hours

Apply for a BPO at the Barangay (fast relief).
Start preparing your TPO petition (see Section 5 checklist).
Gather evidence (devices, cloud backups, witnesses).
Contact WCPD/DSWD or a legal aid office for assistance.

Within 1–2 weeks

File the TPO (court can issue ex parte).
If you want to press charges, file a criminal complaint with the city/provincial prosecutor (bring your PO and evidence).
Ask for temporary support/custody in your PO petition if needed.

Longer term

Attend the PPO hearing; maintain a log of any new incidents.
Consider civil actions (damages, legal separation/nullity, property, custody orders).
Engage in counseling/therapy for you and your child(ren); courts view treatment plans positively and they support recovery.

12) Common questions

Q: Can I keep my home and have the abuser leave even if the title/lease is in the abuser’s name? A: Yes. Courts can remove the respondent from the residence regardless of ownership/lease rights, to protect the victim and children.

Q: I have no bruises. Can I still get a PO? A: Yes. Psychological and economic abuse are covered. Screenshots, witness statements, and your detailed sworn statement matter.

Q: We’ve already separated. Can I still file? A: Yes. The law covers former spouses/partners/dating relationships, and post-separation violence or harassment.

Q: Do I have to choose between a PO and a criminal case? A: No. You can pursue both, plus a civil case, at the same time.

Q: I’m worried about my job. Can the order protect my workplace? A: Yes. Courts routinely include no-harassment at work and stay-away from workplace clauses.

13) People and offices that can help

Barangay VAW Desk / Punong Barangay – BPOs; safety planning; referrals.
PNP Women and Children Protection Desk (WCPD) – incident reports, arrest/enforcement, case build-up.
DSWD / LGU Social Welfare Office – shelter/refuge, psychosocial services, assistance in filing cases, safety planning.
Public Attorney’s Office (PAO) / legal aid NGOs – free legal help for qualified clients.
Hospitals/Medico-Legal Units – treatment and medico-legal documentation.

14) Smart tips for stronger cases

Name the specific reliefs you need (e.g., “stay 300 meters away from my home/work/school,” “surrender Glock pistol serial no. ,” “temporary custody of [child’s name], age,” “₱_ monthly support with breakdown”).
Organize evidence chronologically; label screenshots with date/time and platform; keep an offline copy.
Safety plan: change passwords, enable 2-factor authentication, turn off location sharing, check devices for stalkerware, and consider new SIM/email.
Tell the court about firearms, third-party harassers, and stalking—these facts unlock stronger protective terms.
Keep a contact log: every incident after the PO, with proof, for swift action on violations.

15) Quick templates (you can adapt the wording)

A. Reliefs to request in a TPO/PPO

No contact by any means; stay-away radius of ___ meters from my home/work/child’s school.
Removal of respondent from our residence at [full address].
Temporary custody of [child’s name(s) & ages]; supervised/limited/no visitation pending hearing.
Monthly support of ₱____ (tuition ₱, rent ₱, utilities ₱, food ₱, medicine ₱, transport ₱).
Surrender of all firearms within 24 hours; suspension/cancellation of licenses.
Exclusive use of [phone/vehicle/etc.] essential to my and my child’s daily needs.
Prohibition on selling/encumbering our property; order to return my IDs, documents, and personal items.
Mandatory counseling for respondent; referral to social services for me/children.
Authority for police/barangay to assist in implementation and retrieval of belongings.
Award of costs, restitution of expenses, and other just reliefs.

B. Evidence list (attach as Annexes) A – Photos of injuries/damage; B – ER/medico-legal; C – Threat messages; D – Social media screenshots; E – Witness affidavit of [name]; F – Police/Barangay blotter; G – Children’s school report/psych eval (if any); H – Proof of expenses/income.

Final note

The VAWC Law is designed to be victim-centered and fast. If you do only one thing today, secure a BPO at your Barangay and prepare a TPO petition using the checklists above—both can be done even without a lawyer, and they unlock further protection and support.