Home » Articles » Legal Advice

Woman seeks protection vs. abusive ex-boyfriend

Woman seeks protection vs. abusive ex-boyfriend
"I had a boyfriend of three years. We broke up in November 2010 because he punched and slapped me on two different occasions. To be honest, I still have feelings for him but I am trying really hard to detach myself from him because I fear that he will do that to me over and over again. As much as I am trying to remain friends with him, he is just making it very difficult. He keeps on harassing me, calls everyday and stalks me. He has also threatened me that if we will not get back together, he will destroy everything that I have. Is there anything that I can legally do that will prevent him from continuously harassing me? I have tried talking to him but it does not seem to be working. Please advice me on what I should do. CharmDear Charm, It is saddening to hear about the untoward incident that happened between you and your former boyfriend. He should not have caused you physical harm.If he had any problem with you, he should have talked to you and communicated whatever issues he may have had against you. Violence does not resolve problems. More often than not, it just makes things worse. As in your case, besides perhaps causing your separation, his actions may also cause him to have a criminal responsibility under Republic Act (RA) 9262, or the “Anti-Violence Against Women and Their Children Act of 2004.”Said law penalizes all forms of abuses and affords protection to women and their children because they are more prone to cruelty and maltreatment. According to Section 5, id, “The crime of violence against women and their children is committed through any of the following acts: [a] Causing physical harm to the woman or her child [b] Threatening to cause the woman or her child physical harm x x x [d] Placing the woman or her child in fear of imminent physical harm x x x [f] Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions x x x” It is also worth mentioning that the provisions of said law is not only applicable to a married woman, but may also be made applicable to a woman who has a dating relationship with the man who caused her harm. (Section 3 [a], id)Based on your letter, it is safe to assume that you no longer intend to maintain a dating relationship with your former boyfriend because you are detaching yourself from him because of your fear that he may continue causing you harm.Thus, we advise you to simply avoid him and discontinue communicating with him. Perhaps, he is finding it difficult to move on because the two of you still have communication. If you truly want to isolate yourself from him and not be a victim of violence, you should stay away from him and surround yourself with people who will truly value and care for you. Always remember, no one deserves to be disrespected or abused.Should he still continue to harass you, you may opt to file a criminal complaint before the Office of the Prosecutor in your city or municipality on the basis of the aforestated law, RA 9262.Should the Prosecutor find probable cause, he will file a formal complaint before the Regional Trial Court where the offense was committed, or in the absence thereof, before the Regional Trial Court where any of the elements was committed. (Section 7, id)Moreover, you may secure a Barangay Protection Order or a Temporary Protection Order in order to prevent him from coming near you or from further harassing you.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 or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/
 

Please support us in writing articles like this by sharing this post

Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.

--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.

"Woman seeks protection vs. abusive ex-boyfriend" was written by Mary under the Legal Advice category. It has been read 524 times and generated 0 comments. The article was created on and updated on 16 September 2021.
Total comments : 0