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re: domestic violence

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1 re: domestic violence on Sat Jun 11, 2011 12:33 pm

testingsc


Arresto Menor
I have a friend who is married for 18 years. She has a husband who do just stays at home without helping household chores. their means of income is the rental payments of people who is living in the apartment of my friends mother. The husband had a paramour, he is also a violent person he verbally abused and physically hurt my friend. Can i file a case against the person referring to RA #9262, can he be put to jail even if my friend doesn't have a medical record of the physical abused? lately he had his own son boxed but the child is already 18 years old, can we still include that in filing a case against him?

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2 Re: re: domestic violence on Sun Jun 12, 2011 11:57 am

attyLLL


moderator
i do not recommend filing a criminal case. it is very difficult for an injury case to prosper if there is no record of the injury. ra 9262 will no longer apply if the son is already 18. again, no med cert, hard to prove.

however, she can file a petition for a protection order with the family court and allege the violence. the court can issue a Temporary Protection order and may even order that the husband be forcibly removed from the household.


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3 Re: re: domestic violence on Mon Jun 13, 2011 10:44 am

testingsc


Arresto Menor
@atty.

Are you saying that we can only quote RA6292 if the violence inflicted against the woman is a form of physical violence (which should be accompanied by medical certificate). If the abused is only a matter of verbal and psychological we can't really file a case against the husband?

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4 Re: re: domestic violence on Mon Jun 13, 2011 10:44 am

testingsc


Arresto Menor
sorry that was RA9262

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5 Re: re: domestic violence on Mon Jun 13, 2011 7:59 pm

attyLLL


moderator
you can allege psycho violence, but you will need strong evidence other than the testimony of the victim because it may be seen as easily contrived. add testimonies from other persons.

if a criminal case is not strong, you can still file a petition for issuance of a protection order. the court can even direct the husband to be physically removed from the house.


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6 Re: re: domestic violence Today at 11:38 pm

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