Text of the provision
Sec. 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court. If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to
(a) the circumstances of the abuse suffered by the victim and
(b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing. An application for protection order filed with a court shall be considered an application for both a TPO and PPO. Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.
Anti-Violence Against Women and Their Children Act of 2004, Republic Act No. 9262 (2004). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
Requires the application to be in writing, signed and verified under oath, and it may be filed either as an independent action or as incidental relief in a pending civil or criminal case. A standard form in English with translations into the major local languages sets out what must be stated; where revealing the victim’s address would endanger her, that may be withheld and a mailing address given instead. Every application filed with a court counts as an application for both a TPO and a PPO, and barangay officials, court personnel and law enforcers are to assist in preparing it.
Related provisions
- Section 10 — Where To Apply.
- Section 12 — Enforceability Of Orders.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.