Short answer. Yes. Section 40 of RA 9262 requires the DSWD and local government units to provide victims temporary shelters, counseling, psycho-social services, recovery and rehabilitation programs, and livelihood assistance, and this covers the children who go with you as well as you yourself.

What the law says

The DSWD, and LGU's shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.

RA 9262, Section 40 — Programs And Services For Victims. Read the full provision →

Temporary shelter is a mandated service, not a favor

Section 40 is titled Mandatory Programs and Services for Victims, and its language is not permissive. It states that the DSWD, and LGU's shall provide the victims temporary shelters, using the word shall rather than may. This means providing temporary shelter to a victim of the abuse the law addresses is a legal obligation placed on the Department of Social Welfare and Development and on local government units, not a discretionary or optional service they can decline to offer.

Shelter comes alongside other required support

The same agencies are also required to provide counseling, psycho-social services and/or, recovery, rehabilitation programs and livelihood assistance. Shelter is meant to work together with these other services, not stand alone — the statute envisions a fuller support system addressing the practical and emotional aftermath of abuse, including helping victims rebuild their capacity to support themselves, rather than only providing a place to stay for a limited period.

Medical assistance is a separate, parallel duty

Section 40 places a distinct obligation on a different agency: The DOH shall provide medical assistance to victims. This duty runs alongside, not instead of, the DSWD and LGU obligations for shelter and psycho-social support. Together, these provisions distribute responsibility for a victim's shelter, counseling, and medical needs across the government bodies best positioned to provide each kind of assistance, rather than concentrating everything in a single office.

Bringing your children with you

Section 40 speaks in terms of programs and services for victims, and RA 9262's broader framework recognizes children exposed to violence in the household as within its concern, not merely bystanders to what happened to a parent. Because the statute directs the DSWD and LGUs to provide temporary shelter to victims generally, this is the basis for seeking shelter that accommodates you together with your children, rather than shelter limited to a single adult apart from the family unit she is trying to protect. The counseling and psycho-social services the same section requires are likewise not framed as adult-only assistance, which matters given that children in the household are commonly affected by the same situation that brought their parent to seek help.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.