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This document defines key terms related to violence against women and children such as physical violence, sexual violence, psychological violence, economic abuse, battery, and battered woman syndrome. It provides for protective measures such as protection orders that can be filed by victims or others on their behalf. It also covers custody of children, healthcare provider response, victim's rights, mandatory programs and services for victims, counseling and treatment of offenders, and prohibits being under the influence as a defense.
This document defines key terms related to violence against women and children such as physical violence, sexual violence, psychological violence, economic abuse, battery, and battered woman syndrome. It provides for protective measures such as protection orders that can be filed by victims or others on their behalf. It also covers custody of children, healthcare provider response, victim's rights, mandatory programs and services for victims, counseling and treatment of offenders, and prohibits being under the influence as a defense.
Copyright:
Attribution Non-Commercial (BY-NC)
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This document defines key terms related to violence against women and children such as physical violence, sexual violence, psychological violence, economic abuse, battery, and battered woman syndrome. It provides for protective measures such as protection orders that can be filed by victims or others on their behalf. It also covers custody of children, healthcare provider response, victim's rights, mandatory programs and services for victims, counseling and treatment of offenders, and prohibits being under the influence as a defense.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOC, PDF, TXT herunterladen oder online auf Scribd lesen
9262 living in battering relationships as a result of
cumulative abuse. "Anti-Violence Against Women and Their Children Act of 2004" (d) "Stalking" refers to an intentional act committed by a person who, knowingly and AN ACT DEFINING VIOLENCE AGAINST without lawful justification follows the woman or WOMEN AND THEIR CHILDREN, PROVIDING her child or places the woman or her child FOR PROTECTIVE MEASURES FOR VICTIMS, under surveillance directly or indirectly or a PRESCRIBING PENALTIES THEREFORE, AND combination thereof. FOR OTHER PURPOSES (e) "Dating relationship" refers to a situation Definition of Terms wherein the parties live as husband and wife without the benefit of marriage or are (a) "Violence against women and their children" romantically involved over time and on a - refers to any act or a series of acts committed continuing basis during the course of the by any person against a woman who is his wife, relationship. A casual acquaintance or ordinary former wife, or against a woman with whom the socialization between two individuals in a person has or had a sexual or dating business or social context is not a dating relationship, or with whom he has a common relationship. child, or against her child whether legitimate or illegitimate, within or without the family abode, (f) "Sexual relations" refers to a single sexual which result in or is likely to result in physical, act which may or may not result in the bearing sexual, psychological harm or suffering, or of a common child. economic abuse including threats of such acts, battery, assault, coercion, harassment or (g) "Safe place or shelter" refers to any home or arbitrary deprivation of liberty. It includes, but is institution maintained or managed by the not limited to, the following acts: Department of Social Welfare and Development (DSWD) or by any other agency or voluntary A. "Physical Violence" refers to acts that organization accredited by the DSWD for the include bodily or physical harm; purposes of this Act or any other suitable place the resident of which is willing temporarily to B. "Sexual violence" refers to an act which receive the victim. is sexual in nature, committed against a woman or her child (h) "Children" refers to those below eighteen (18) years of age or older but are incapable of C. "Psychological violence"refers to acts or taking care of themselves as defined under omissions causing or likely to cause mental Republic Act No. 7610. As used in this Act, it or emotional suffering of the victim such as includes the biological children of the victim and but not limited to intimidation, harassment, other children under her care. stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and Protection Orders mental infidelity. - order issued under this act for the purpose of D. "Economic abuse" refers to acts that preventing further acts of violence against a make or attempt to make a woman woman or her child financially dependent serve the purpose of safeguarding the (b) "Battery" refers to an act of inflicting physical victim from further harm, minimizing any harm upon the woman or her child resulting to disruption in the victim's daily life, and the physical and psychological or emotional facilitating the opportunity and ability of the distress. victim to independently regain control over her life. (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women Who may file Petition for Protection Orders Custody of children
- the offended party; - The woman victim of violence shall be entitled
- parents or guardians of the offended party; to the custody and support of her - ascendants, descendants or collateral child/children. Children below seven (7) years relatives within the fourth civil degree of old older but with mental or physical consanguinity or affinity; disabilities shall automatically be given to the - officers or social workers of the DSWD or mother, with right to support, unless the court social workers of local government units finds compelling reasons to order otherwise. (LGUs); - police officers, preferably those in charge of Healthcare Provider Response to Abuse women and children's desks; - Punong Barangay or Barangay Kagawad; - properly document any of the victim's - lawyer, counselor, therapist or healthcare physical, emotional or psychological injuries; provider of the petitioner; - properly record any of victim's suspicions, - At least two (2) concerned responsible observations and circumstances of the citizens of the city or municipality where the examination or visit; violence against women and their children - automatically provide the victim free of charge occurred and who has personal knowledge of a medical certificate concerning the the offense committed. examination or visit; - safeguard the records and make them Temporary Protection Orders. available to the victim upon request at actual cost; and - protection order issued by the court on the - provide the victim immediate and adequate date of filing of the application after ex notice of rights and remedies provided under parte determination that such order should be this Act, and services available to them. issued Rights of Victims Permanent Protection Orders. - to be treated with respect and dignity; - protection order issued by the court after - to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public Public Crime legal assistance office; - To be entitled to support services form the - Violence against women and their children DSWD and LGUs' shall be considered a public offense which - To be entitled to all legal remedies and may be prosecuted upon the filing of a support as provided for under the Family complaint by any citizen having personal Code; and knowledge of the circumstances involving the - To be informed of their rights and the services commission of the crime. available to them including their right to apply for a protection order. Battered Woman Syndrome as a Defense. Mandatory Programs and Services for Victims - Victim-survivors who are found by the courts to be suffering from battered woman – The DSWD, and LGU's shall provide the syndrome do not incur any criminal and civil victims temporary shelters, provide liability notwithstanding the absence of any of counseling, psycho-social services and /or, the elements for justifying circumstances of recovery, rehabilitation programs and self-defense under the Revised Penal Code. livelihood assistance. – The DOH shall provide medical assistance to victims. Prohibited Defense.
- Being under the influence of alcohol, any illicit
drug, or any other mind-altering substance shall not be a defense under this Act. Counseling and Treatment of Offenders
- The DSWD shall provide rehabilitative
counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
Confidentiality
- All records pertaining to cases of violence
against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.