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Republic Act No. 9262, or the "Anti-Violence Against Women and Their Children Act of 2004," is designed to protect women and their children from all forms of abuse and violence. This law aims to address physical, sexual, psychological, and economic abuse committed by a person against a woman who is his wife, former wife, partner, or had a sexual or dating relationship, or with whom he has a child, as well as against her child.
Types of Abuse Covered
1. Physical Abuse: Acts that cause bodily harm, such as battery or assault.
2. Sexual Abuse: Includes forcing the victim to engage in sexual acts against their will.
3. Psychological Abuse: Inflicting emotional suffering through threats, manipulation, or humiliation.
4. Economic Abuse: Acts that make the victim financially dependent by controlling access to financial resources.
Who Can File Under the Law?
• The woman who experiences abuse.
• Parents or guardians on behalf of a minor victim.
• Social workers or law enforcement officers, with the victim’s consent.
Steps to File a VAWC Case
1. Report to Authorities:
• Go to the nearest police station or barangay to file a complaint.
• Secure a Barangay Protection Order (BPO) for immediate safety.
2. Seek Medical Attention:
• If physical violence was incurred, go to a hospital and obtain a medical certificate as evidence.
3. Gather Evidence:
• Collect documents such as text messages, photos, medical records, or witness testimonies.
4. File a Case in Court:
• Prepare your affidavit, as well as your witness’ affidavit(s), if any. The complaint must include an affidavit detailing the abuse, supported by evidence.
• Go to a lawyer for the preparation of the complaint, or you may request the assistance of the Police to prepare the complaint and file the same.
• File the complaint before the Office of the City Prosecutor with jurisdiction where the complaint was committed.
5. Secure a Protection Order:
• Temporary Protection Orders (TPOs) and Permanent Protection Orders (PPOs) can be requested from the court to ensure the victim’s safety during the proceedings.
Where to Seek Help?
• Barangay: Provides immediate assistance through BPOs.
• Police: Files and investigates the complaint.
• Department of Social Welfare and Development (DSWD): Offers counseling and shelter services.
• Legal Aid Clinics: Provides free legal assistance for victims unable to afford private counsel.
VAWC cases demand swift action to protect the victim's rights and well-being. Knowing the process and accessing resources ensures justice is served and abuse is addressed effectively.
For more information, legal services and appointments, you may contact us at admin@sucganglaw.com; and +639083984067 (WhatsApp) and +639171770488 (Viber).
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Did you know that R.A. No. 9262 was enacted to protect women and children's rights against physical, sexual, psychological, and economic abuse. To know more how to empower and protect your rights from violence and abuse, talk to us!
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