Process of applying for protection order
DearPAO, I have an abusive father. He physically abuses me and my other siblings including to be blinded by the fact that she wanted us tobe intact as a family. Our neighbor told us that we can apply for a protection order. I amata loss. I don’ t know where to apply for such order. Please advise me on this matter. Respectfully,
Marie
Dear Marie,
An enacted law that protects women and children against violence is Republic Act (RA) 9262 or the AntiViolence Against Women and Their Children Act of 2004.
“Violence against women and their “any act or a series of acts committed by any person against a woman who is his wife, former wife or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which results in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.”
Anent to this law, victims can apply for a protection order to safeguard them from acts of physical harm. A protection order is an order issued under this Act for the purpose of preventing further acts of violence against a woman or her and granting other necessary relief. The relief granted under a protection order serves the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life and facilitating the opportunity and ability of the victim to independently RA 9262).
In view of your narration that you are physically abused by your father, you may secure a protection order from the barangay (village) where you reside or from the court. Please note list of prohibited acts in violation of the law. It includes among others, 1) causing physical harm to the woman or her child, 2) threatening to cause the woman or her child physical harm, 3) attempting to cause the woman or her child physical harm and 4) placing the woman or her child in fear of imminent physical harm.
The protection orders that may be issued under this Act are the bar an gay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). Provisions on protection orders in relation
A BPO refers to the protection order issued by the punongbarangay or the barangaykagawad if the punong barangay is unavailable. A punong barangay who receives applications for a BPO shall issue the protection order after exparte determination (without notice and hearing) of the basis of the application. The BPO shall be effective Id.).
On the other hand, an application regional trial court, metropolitan trial court, municipal trial court or municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner provided, however, that if a family court exists in the place of residence of the petitioner, the application 10, Id.). A TPO refers to the protection order issued by the court on the date of exparte determination that such order should be issued. The TPO shall be effective Id.). A PPO refers to the protection order issued by the court after notice and hearing. The PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued Id.).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
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