Girlfriend wants to sue abusive BF

Dear PAO,
My boyfriend and I have been together for four years. My problem started early this year when my boyfriend was laid off from work. He started drinking and would beat me up when he’d come home drunk. I would like to know, when I finally have the courage, can I file a case against my boyfriend?

Sandra

Dear Sandra,

In your letter you have mentioned that your boyfriend of four years physically hurts you. This being the situation, you may file a criminal case against him for violation of Republic Act 9262, or the Anti-Violence Against Women and Their Children Act of 2004. Under the law, violence refers to “any act or a series of acts committed by any person against a woman who is his wife, former wife, or a woman with whom the person has or had a dating or sexual 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.”

Bear in mind that although the two of you are not yet married, the case may still prosper because the law does not only recognize marital relationships but also those of dating or sexual relationships.

The case should be filed before the Regional Trial Court designated as a Family Court where the offense was committed. In the absence thereof, the case may be filed before the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant.

If you fear that he may hurt you once you have filed a case against him, you have the option of seeking for the issuance of a protection order. Such order will direct your boyfriend, among others, to desist from committing any acts of violence against you. The protection order may either be a Barangay Protection Order, or a Temporary Protection Order, or a Permanent Protection Order. (Section 8, id) Should the court find your boyfriend guilty of violation of R.A. 9262, appropriate penalty shall be imposed upon him.

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. –PERSIDA ACOSTA, Manila Times

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