Can I file a permanent restraining order against a family member who verbally abuses and threatens me?

In the Philippines, individuals who experience threats, verbal abuse, or any form of violence from a family member can seek legal protection through a permanent restraining order. The legal framework for such protection is primarily provided under Republic Act No. 9262, also known as the "Anti-Violence Against Women and Their Children Act of 2004" (VAWC).

Understanding Restraining Orders Under VAWC

1. Types of Restraining Orders: VAWC provides for several types of protective orders, including:

Barangay Protection Orders (BPOs): Issued by the barangay captain or kagawad, these are immediate and temporary orders valid for 15 days. They aim to prevent further harm and are renewable.
Temporary Protection Orders (TPOs): Issued by the court, these are effective for 30 days and can be extended as needed.
Permanent Protection Orders (PPOs): These are issued by the court after a hearing and remain effective until revoked by the court.

2. Grounds for Issuing a PPO: A Permanent Protection Order can be issued if the court finds that the petitioner is in danger of further violence or threats. Grounds for issuance include:

Physical violence
Sexual violence
Psychological violence, which encompasses verbal abuse and threats
Economic abuse, such as controlling financial resources or coercing the victim into financial dependence

Steps to File for a Permanent Restraining Order

1. File a Petition: The victim or any concerned individual on their behalf (e.g., family member, friend, social worker) can file a petition for a Protection Order in the Family Court of the place where the petitioner resides. The petition must detail the incidents of abuse and provide evidence, such as medical reports, photographs, witness testimonies, or any relevant documents.

2. Court Proceedings: Upon filing, the court will schedule a hearing within 30 days. During the hearing, both the petitioner and the respondent will present their sides. The court may issue a TPO to protect the victim during this period.

3. Issuance of the PPO: If the court finds sufficient grounds, it will issue a PPO. The order may include provisions such as:

Prohibiting the respondent from committing further acts of violence
Ordering the respondent to stay away from the petitioner’s residence, workplace, or any specified place
Granting temporary custody of children to the petitioner
Providing financial support to the petitioner and children, if applicable

Enforcement and Violation

Enforcement: The Philippine National Police (PNP) and other law enforcement agencies are mandated to enforce Protection Orders. Barangay officials also play a crucial role in ensuring compliance with BPOs.

Violation: Any violation of a Protection Order is a criminal offense. The respondent can be arrested without a warrant and charged with contempt of court, leading to imprisonment or fines. This immediate response is crucial to prevent further harm to the victim.

Additional Legal Support

Victims can seek assistance from the Public Attorney’s Office (PAO) or private legal counsel for representation. Additionally, various non-governmental organizations (NGOs) provide support services, including legal advice, counseling, and temporary shelters.

Conclusion

Filing a permanent restraining order against a family member in the Philippines is a legal right protected under the Anti-Violence Against Women and Their Children Act. It aims to provide safety and security for victims of abuse. Understanding the process and seeking appropriate legal assistance can help ensure that victims receive the protection they need.