Lecturevawc.doc

RA 9262 – Anti - VIOLENCE AGAINST WOMEN AND THEIR CHILDREN Act of 2004 VAWC – any act or series of acts committed by any person against WOMEN 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 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. * Dating relations refers to parties living together as husband and wife without marriage or romantically involved over time and on continuing basis Sexual relations refers to a single act which may or may not result in bearing of a common child. * Victims / Offended Persons: 1. 2. 3. 4.

Wife Ex-wife Woman - has or had a sexual or dating relationship Woman – has common child or her child legitimate or illegitimate

* VIOLENCE COVERED: 1. Physical – bodily or physical harm; * 2. Sexual - sexual in nature: it includes: A) Rape B) sexual harassment C) acts of lasciviousness D) treating a woman or her child as sex objects E) making demeaning and sexually suggestive remarks F) physically attacking the sexual parts of the victims body G) forcing to watch obscene publications and indecent shows H) or forcing her to do indecent acts or make films thereof I) forcing wife and mistress to live in the conjugal home or sleep together in the same room with abuser J) sexual act by force, threat of force or threat of physical harm or coercion K) prostituting the woman or her child; * 3. Psychological – acts or omissions causing or likely to cause mental or emotional suffering of the victim, examples: A) repeated verbal abuse (threats, intimidation, insults, defamation, etc.) B) Stalking C) public ridicule or humiliation D) destruction of woman’s property E) marital infidelity F) causing or allowing the woman/child witness to witness the physical, sexual or psychological abuse of a member of family to which the victim belongs G) or to witness pornography in any form H) or to witness abusive injury to pets I) deprivation of the right to custody and or visitation of common children; * 4. Economic – acts that make or attempt to make a woman financially dependent which includes: A) withdrawal of financial support B) prevent the victim from engaging in any legitimate profession or occupation C) deprivation or threat of deprivation of financial resources and the right to use and enjoyment of the conjugal community or property owned in common

D) destroying household property E) controlling the victim’s own money or property or controlling the conjugal money and properties. * REMEDIES: PROTECTION ORDER: A. Special Proceeding for Issuance of Protection Order B. Civil Case like in legal separation; annulment, etc. C. Criminal Case for violation of RA 9262 * BPO – Brgy level - effective for 15 days TPO – issued ex parte and effective for 30 days can be extended for 30 days until PPO is issued. PPO – issued after notice and hearing shall be effective until revoked by a court upon application by the person in whose favor the order was issued. * Relief under Protection Order 1. Order to stop acts of violence; 2. Order to stop verbal abuse & other acts; 3. Removal and exclusion of the respondent from the residence; 4. Order to stay away from the petitioner , family or household members at a distance specified by the court; 5. Order petitioner to use an automobile and other essential personal effects; 6. Granting temporary or permanent custody of a child/children to any petitioner; 7. Directing the respondent to provide support; 8. Order to stop any use o possession of any firearm or deadly weapon (order to surrender to the court); 9. Restitution for actual damages; 10. Directing the DSWD or any appropriate agency to provide temporary shelter and other social services; 11. Provision of such other forms of relief * Penalties Serious Physical Injuries – prision mayor Less Serious PI - prisioncorreccional SlightPI / Attempt to CausePhysical Harm / Placing woman in fear of physical harm / attempt to control movement – ArrestoMayor economic control – prisioncorreccional threats – arresto mayor psycho violence – prision mayor