Query: Can I file a child abuse case against someone who has shown violence in front of my child with autism?

In the Philippines, child protection laws are robust, designed to safeguard children from all forms of abuse, including exposure to violence. The scenario described—where a child witnesses an act of violence, especially by a family member—can indeed be addressed under the current legal frameworks for child protection.

Understanding Child Abuse in the Context of Exposure to Violence: Under the Philippine Republic Act No. 7610, also known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," child abuse includes psychological abuse or mental injury to the child. Witnessing acts of violence falls under psychological abuse, which can harm the child's mental and emotional well-being.

Steps to Take if a Child Witnesses Violence:

Report the Incident: The first step should be to report the incident to the local Barangay Council for the Protection of Children (BCPC) or directly to the Department of Social Welfare and Development (DSWD). These bodies are equipped to handle cases of child abuse and can take immediate action.
File a Legal Complaint: A formal complaint can be filed under RA 7610. The law covers not just physical injuries but also psychological impacts on a child due to exposure to harmful environments, which includes witnessing domestic violence.
Seek Legal Aid: Contacting a lawyer who specializes in family or child protection law is crucial. They can guide you through the process of filing a case and provide legal representation if needed.
Obtain Psychological Support: It is advisable to seek professional help for the child to address any trauma experienced. This is crucial for the child's recovery and is often considered in legal proceedings to demonstrate the impact of the exposure to violence.

Legal Considerations:

Evidence: Gathering evidence is critical. This may include testimonies, medical or psychological reports, and any other documentation that can support claims of psychological harm to the child.
Legal Custody and Protective Orders: If the perpetrator is a family member, it may be necessary to petition for protective orders or adjustments to custody arrangements to safeguard the child's welfare.

Conclusion: The Philippine legal system provides mechanisms to protect children from psychological abuse, including exposure to acts of violence. Legal actions such as filing a child abuse case under RA 7610 are supported by the judicial framework to ensure the safety and psychological well-being of minors. Parents or guardians who find themselves in such situations should act promptly to utilize these legal provisions for the protection of their children.