ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT (R.A. 9262)

Violence against women and their children refers to any act or a series of acts committed by any person against a woman who is his wife...

Violence against women and their children refers to any act or a series of acts committed by any person 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. 

The “dating relationship” that the law contemplates can, therefore, exist even without a sexual intercourse taking place between those involved. An "away‐bati" or a fight‐and‐kiss thing between two lovers is a common occurrence. Their taking place does not mean that the romantic relation between the two should be deemed broken up during periods of misunderstanding. (Ang v. CA, GR 182835, April 20, 2010, Justice Abad) 

PUNISHABLE ACTS:
The crime of violence against women and their children is committed through any of the following acts: 
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:
           a. Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
           b. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;
           c. Depriving or threatening to deprive the woman or her child of a legal right;
           d. 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 properties.

6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

7. 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 family;

8. Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: 
          a. Stalking or following the woman or her child in public or private places;
          b. Peering in the window or lingering outside the residence of the woman or her child;
          c. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
          d. Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child;
          e. Engaging in any form of harassment or violence.

9. 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. (Sec.5, RA 9262)
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.

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