Protection order safeguards woman from harm
"I experience verbal and sexual abuse from the father of my two children. He is constantly accusing me of having an affair with other men. I am not able to work because of his jealousy as he thinks that I am just working to look for other men. What shall I do with my situation? SS
Dear SS,Republic Act (R.A.) No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 makes it unlawful for a man to commit acts of violence 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 result 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 (Section 1, RA No. 9262).
The verbal and sexual abuse that you experience from the father of your children and his act in preventing you in engaging in a lawful job are clear acts of violence prohibited under Section 5 of R.A. No. 9262, to wit:“SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:
xxx(e) xxx
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or propertiesxxx(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate familyxxx
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.”Based on the foregoing, you may file a criminal complaint for violation of R.A. No. 9262 against the father of your children before the Prosecutor’s Office of the place where he committed the acts of violence against you. Moreover, you may also apply for a protection order to immediately prevent him from committing acts of violence against you. 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 regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO) (Section 8, RA No. 9262).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.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/
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"Protection order safeguards woman from harm" was written by Mary under the Legal Advice category. It has been read 624 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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