Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), is one of the most powerful protective laws for women and their children in the Philippines. A common question is whether it still applies after the relationship has ended.

Short answer: Yes, you can file a VAWC case against an ex-partner—including a former husband, ex-live-in partner, or ex-boyfriend—as long as the legal requirements are met. The law was designed precisely to cover violence that often continues even after a breakup.

This article explains when and under what conditions you can file a VAWC case against an ex-partner, and what practical steps and limits you should know.

1. Legal Basis: Who Can Be Sued Under RA 9262?

RA 9262 punishes “any act or a series of acts” of violence committed by a man against:

His wife or former wife
A woman with whom he has or had a sexual or dating relationship
A woman with whom he has a common child, whether they were married or not
The woman’s child, whether legitimate, illegitimate, or under her care

The law explicitly includes former relationships. That means an ex-partner can still be liable if:

He used to be your husband (annulled, separated, or de facto separated)
He used to be your live-in partner
He used to be your boyfriend in a “dating relationship” as defined by the law
You share a child, even if you were never married and never lived together

So long as one of these qualifying relationships existed, and the acts amount to violence as defined by RA 9262, a case can be filed—even if the relationship ended years ago, subject to prescription periods under the law.

2. What Is a “Dating Relationship” or “Ex-Partner” Under VAWC?

Not every past romantic interaction qualifies. RA 9262 defines dating relationship as:

A situation wherein the parties live as husband and wife without being married, or are romantically involved over time and on a continuing basis during the course of the relationship.

The law also clarifies that a dating relationship:

Does NOT include casual acquaintances
Does NOT include ordinary socialization in business, work, or social context

In practice, an ex-partner covered by RA 9262 is usually:

An ex-husband
A former live-in partner
An ex-boyfriend (in a serious, continuing romantic relationship)
The father of your child, whether you are or were together or not

A brief fling, purely casual chatting, or occasional friendly dates without a genuine, continuing romantic involvement may not qualify as a “dating relationship” under RA 9262.

3. Acts of Violence Covered – Especially After a Breakup

You can file a VAWC case against an ex-partner when his acts fall under any of the following four main forms of violence:

Physical Violence
Sexual Violence
Psychological Violence
Economic Abuse

These can happen during the relationship or after it has ended. Here are common examples involving ex-partners:

3.1 Physical Violence

These are acts that cause bodily harm, such as:

Hitting, slapping, punching, kicking, strangling, pushing
Throwing objects at you
Using weapons or objects to injure you

If your ex tracks you down and physically attacks you after you separate, it can be prosecuted as VAWC.

3.2 Sexual Violence

Sexual violence includes:

Forcing or intimidating you into sexual acts against your will
Coercing you to have sex in exchange for support, money, or to stop harassment
Threatening to publish private intimate photos or videos (“revenge porn”)
Forcing you into degrading, humiliating sexual situations

Even after you break up, your ex may still commit sexual violence—e.g., forcing sex during “closure” talks, or threatening to leak intimate content.

3.3 Psychological Violence

This is very common in cases involving ex-partners. Psychological violence includes acts or omissions causing mental or emotional suffering, such as:

Stalking or harassment, offline or online
- Constantly following you
- Showing up at your home, work, or school uninvited
- Flooding you with calls, texts, emails, or DMs
Threats
- Threatening to kill you, harm you, or harm himself to control you
- Threatening to take away the children
- Threatening to ruin your reputation or job
Public shaming and humiliation
- Spreading rumors or lies about you
- Posting defamatory or intimate content on social media
Persistent emotional abuse
- Insults, name-calling, belittling you
- Blaming you for the breakup and using guilt or fear to control you
Interference with your freedom or privacy
- Hacking your accounts
- Monitoring your movements, messages, or calls

These actions are still psychological violence even if you are no longer together. Many decided cases have treated obsessive texting, threats, and digital harassment by ex-partners as psychological violence under RA 9262.

3.4 Economic Abuse

Economic abuse involves acts that make or keep a woman financially dependent, such as:

Withholding or refusing child support without lawful reason
Stopping financial support out of spite after the breakup
Unjustly controlling or taking your money or property
Preventing you from working or engaging in business (even through threats or harassment)
Destroying your property or assets

Even when the relationship ends, if the ex-partner:

Refuses to provide support to your common child
Uses money to punish or control you
Unreasonably withholds things you legally own or co-own

his acts can still fall under economic abuse.

4. Key Point: VAWC Can Continue After the Relationship

The law does not require that:

You are still married
You are still living together
You are still in a romantic relationship

What matters is:

A qualifying relationship existed (spouse, former spouse, ex-partner in a dating relationship, live-in partner, or father of your child); and
The violence is connected to that relationship or directed at you or your child because of that relationship.

So you can file a VAWC case when, for example:

Your ex-boyfriend stalks you and threatens you to get back together.
Your ex-husband constantly harasses you with texts calling you names and threatening to take the children.
The father of your child refuses to give support and uses money to force you to return to him.
Your ex-partner posts intimate photos online after you left him.

5. When Exactly Can You File: Timing and Practical Triggers

You may file a VAWC case as soon as any of the covered acts occurs. You do not need:

A visible injury
A medical certificate before going to authorities
A long history of abuse (though it helps to prove a pattern)

You can file:

Immediately after an incident (e.g., after a physical attack or serious threat)
After repeated acts, when a pattern of harassment/abuse has built up
Even if the abuse started in the past but continues through ongoing threats or harassment

From a practical standpoint, it is wise to file when:

There is a recent act that can be clearly described with date, time, and place
There is supporting evidence (screenshots, messages, witnesses, medical records)
You feel that your safety or your child’s safety is at risk

Although the law allows filing long after a relationship ends, waiting too long may create evidentiary and prescription issues. A lawyer can best advise on how the prescriptive periods (time limits for filing a criminal case) apply to your specific situation.

6. Where and How to File a VAWC Case Against an Ex-Partner

You have several options, and you can use more than one at the same time:

6.1 Barangay: Barangay Protection Order (BPO)

Go to the Barangay Women and Children Protection Desk or the Punong Barangay.
You can request a Barangay Protection Order (BPO) if you are experiencing physical, sexual, or psychological violence.
BPOs can order the ex-partner to:
- Stop the harassment, threats, or stalking
- Stay away from you and your child
- Cease contacting you

BPOs are typically issued quickly and are effective for a limited period, meant as immediate protection.

6.2 Police Station or Women and Children Protection Desk (WCPD)

You may also go directly to the police station, specifically the WCPD, to:

Make a sworn statement or complaint about the abuse
Request an investigation and documentation of injuries or threats
Be referred to social workers, shelters, or legal assistance

They can help prepare the documents needed to file a criminal complaint.

6.3 Prosecutor’s Office: Criminal Complaint

For the criminal aspect of RA 9262:

Prepare a sworn affidavit/complaint narrating the acts of violence in detail.
Attach supporting evidence:
- Medical records
- Photos of injuries or damaged property
- Screenshots or printouts of messages and posts
- Police or barangay blotter entries
- Witness statements
File this with the Office of the City or Provincial Prosecutor where:
- The abuse occurred, or
- You reside

The prosecutor will conduct inquest (if caught in the act) or preliminary investigation to determine whether to file the case in court.

6.4 Family Court: Protection Orders and Civil Reliefs

Aside from criminal liability, RA 9262 allows you to ask the Family Court for:

Temporary Protection Order (TPO) – usually issued quickly for immediate protection
Permanent Protection Order (PPO) – after a hearing, for longer-term protection

These orders can:

Prohibit the ex-partner from contacting or approaching you or your child
Order him to leave the residence (even if he owns it) in certain cases
Require him to provide support for you and/or your child
Prohibit him from possessing firearms
Grant you custody of the child on an interim basis

You can file for protection orders even if no criminal case has yet been filed, or simultaneously.

7. Who Can File the Case?

If the victim is unable or afraid to file, RA 9262 allows others to file on her behalf, including:

The offended woman herself
Parents or guardians
Ascendants, descendants, or collateral relatives within the fourth civil degree
Social workers of DSWD or local government units
Police officers, barangay officials
At least two (2) concerned citizens of the barangay who have personal knowledge of the abuse

This is important where the ex-partner’s threats or control make it hard for the victim to personally initiate the case.

8. Evidence: What to Preserve Against an Ex-Partner

Because psychological and economic abuse often leave no physical marks, evidence is crucial. Helpful evidence includes:

Screenshots of text messages, chat conversations, emails, social media posts
Call logs showing repeated harassment
Photos or videos of injuries, property damage, or stalking
Medical records, psychological reports, hospital certificates
Birth certificates of children (to show the relationship)
Proof of non-support or economic abuse
- Bank records
- Demand letters
- Receipts showing you shoulder all expenses
Barangay blotter and police reports
Witness statements from neighbors, friends, co-workers, or relatives

Document things as soon as possible. Even if you are not yet ready to file, preserving evidence gives you better options if you later decide to proceed.

9. When VAWC Does Not Apply to an Ex-Partner

VAWC is powerful, but it has limits. You may not be able to file under RA 9262 if:

No qualifying relationship existed
- The person was never your husband, live-in, serious romantic partner, or the father of your child.
- There was only casual dating or acquaintance-level interaction.
No act of violence as defined by RA 9262
- Mere disagreement, simple arguments, or hurt feelings—without threats, harassment, or abuse—may fall short of the legal definition.
The situation is outside the law’s current scope
- As written, RA 9262 primarily covers violence by a man against a woman and her child. People in other types of relationships may need to use other laws (e.g., grave threats, unjust vexation, libel, cybercrime, child abuse laws, etc.).

Even if RA 9262 does not apply, there may be other criminal, civil, or administrative remedies available.

10. Effects and Penalties

If the ex-partner is found guilty under RA 9262, the court may impose:

Imprisonment (with varying durations depending on the specific act)
Fines
Mandatory psychological counseling or psychiatric treatment
Protection orders, including stay-away directives and firearm bans

Violating a protection order (BPO, TPO, or PPO) is itself a separate offense, and the ex-partner can be arrested and prosecuted for that violation alone.

11. Practical Tips if You Are Considering Filing

Prioritize safety.
- If you are in immediate danger, go first to the barangay, police, or nearest safe place.
- Consider staying with trusted family, friends, or shelters if threats are serious.
Document everything.
- Save, screenshot, and backup communications.
- Keep a private journal of incidents with dates, times, and locations.
Consult a lawyer or legal aid group.
- Public Attorney’s Office (PAO)
- Free legal aid groups, women’s rights NGOs, law school legal clinics
Seek support services.
- Social workers, psychologists, and counselors can help with trauma and with documentation for court.
Do not confront an abusive ex alone.
- Avoid situations where you may be isolated with him, especially after announcing your intent to file a case.

12. Summary

You can file a VAWC case against an ex-partner in the Philippines when:

He was your husband, live-in partner, serious boyfriend, or the father of your child; and
He commits acts of physical, sexual, psychological, or economic abuse against you or your child; even if the relationship has already ended.

The abuse can take many forms—assault, threats, stalking, online harassment, economic control, refusal to support a child—and it doesn’t matter that he is already an “ex.” What matters is the existence of the qualifying relationship and that the acts fall within the definitions of RA 9262.

This article provides a broad legal overview and practical guidance, but it is not a substitute for case-specific legal advice. If you or someone you know may be experiencing violence from an ex-partner, it is important to speak directly with a lawyer or seek assistance from authorities and support organizations in the Philippines.