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Protection Orders under Republic Act No. 9262

Anti-Violence Against Women and Their Children Act of 2004

Definition and Purpose

A protection order is an order issued for the purpose of preventing further acts of violence against a woman or her child as specified in Section 5 of R.A. 9262, and granting other necessary relief.

Purpose:

• Safeguard the victim from further harm
• Minimize disruption in the victim's daily life
• Facilitate the victim's ability to independently regain control over her life

Types of Protection Orders

There are three types of protection orders under Section 8 of R.A. 9262:

1. Barangay Protection Order (BPO)

• Issued by: Punong Barangay or, in his absence, any available Barangay Kagawad
• Process: Issued ex parte (without prior notice to the other party)
• Duration: 15 days effective
• Scope: Orders the perpetrator to desist from committing acts under Section 5(a) and (b) of R.A. 9262

2. Temporary Protection Order (TPO)

• Issued by: The court
• Process: Issued ex parte on the date of filing the application
• Duration: 30 days effective
• Scope: May grant any, some, or all of the reliefs mentioned in R.A. 9262

3. Permanent Protection Order (PPO)

• Issued by: The court
• Process: Issued after notice and hearing
• Duration: Permanent
• Scope: Full range of available reliefs

Available Reliefs Under Protection Orders

Protection orders may grant the following reliefs:

• Prohibiting the respondent from threatening to commit or committing acts mentioned in Section 5 of R.A. 9262
• Prohibiting harassment or contact
• Removal and exclusion from the petitioner's residence
• Directing the respondent to stay away from the petitioner and designated family members
• Directing lawful possession and use of an automobile and essential personal effects
• Granting temporary or permanent custody of a child/children
• Directing the respondent to provide support

Application in Criminal Cases

These protection order provisions are also applicable in criminal actions involving violence against women and their children that are impliedly instituted with the criminal action.

Penalties for Violations

BPO Violations

• Penalty: Imprisonment of 30 days
• Filing: Directly with the appropriate Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit Trial Court
• Note: Without prejudice to other criminal or civil actions

TPO/PPO Violations

• Penalty: Constitutes contempt of court punishable under Rule 71 of the Rules of Court
• Note: Without prejudice to other criminal or civil actions

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Reference: Republic Act No. 9262 - Anti-Violence Against Women and Their Children Act of 2004