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Browse our 3 legal questions about Domestic Violence in Philippines and the lawyer answers, or ask your own questions for free.
Domestic Violence, commonly referred to as VAWC ('Violence Against Women and Their Children'), is a serious issue in Tagbilaran, just as it is across the rest of the country. In the Philippines, Domestic Violence is strictly legislated under the "Anti-Violence against Women and Their Children Act of 2004" or "Republic Act No. 9262." The law aims to protect the women and their children by stipulating harsh penalties for these reprehensible actions and giving victims access to protective measures to safeguard them. It includes not just physical violence, but also sexual, psychological, and economic abuse.
Legal advice or representation can become necessary in many situations related to Domestic Violence. If you're a victim, you'll need a lawyer to guide you through the complex legal process, secure a protective order, file charges against your abuser or represent you in court. Conversely, if you're accused, a lawyer can help you understand the charges, prepare a defence, ensure your rights are not violated and represent you during the trial.
Republic Act No. 9262 is the principal law addressing Domestic Violence in the Philippines and covers Tagbilaran. It defines "violence against women and their children" broadly, including actions causing physical, sexual, psychological harm, or suffering, along with threats to commit such harm. The law provides several protective measures, including barangay protection orders and temporary or even permanent protection orders from the court. The law makes such abuse a public crime, which means anyone can report incidents of abuse and law enforcement has the authority to initiate proceedings even without the victim's complaint.
In the context of the Philippines, domestic violence can be physical, sexual, psychological, and economic abuse committed against a woman with whom the perpetrator has an intimate or family relationship.
A lawyer can guide you through the legal process, help you secure protective orders, and represent you in court in case of filing charges against the abuser.
It is a legal order issued by a court to protect a victim from further harm by provisionally prohibiting the perpetrator from making contact or proximity.
While Republic Act No. 9262 specifically addresses women and their children, other laws protect men from physical, emotional, and psychological abuse.
Under RA 9262, they range from one month and one day to twenty years imprisonment, depending on the severity of the crime. They may also include fines, mandatory counselling, and loss of parental or custodial rights.
Report the incident to your local barangay, women's desk at the local police station, or the nearest social welfare office. Then seek legal help immediately.
The Philippines Commission on Women (PCW) and the Department of Social Welfare and Development (DSWD) provide resources and assistance for victims of domestic violence. The Women's and Children's Desk (WCPD) at all Philippine National Police stations can also provide guidance and assistance.
If you need legal assistance in a domestic violence situation in Tagbilaran, seek direct legal counsel. Contact your local women’s advocacy center, a social worker, or law enforcement agency. They can help you get in touch with a lawyer familiar with domestic violence cases. Remember, it's critical to ensure your immediate safety first, then consider legal options.