The Supreme Court Clarifies the Scope of Protection Orders to Include Adult Children

Estacio v. Estacio, G.R. No. 211851, September 16, 2020

Imagine a family torn apart by domestic violence, where the abuser manipulates not only their spouse but also their adult children to maintain control. This was the reality for Ma. Victoria Estacio, who sought protection not just for herself but also for her adult children from her husband, Roberto Estacio. The Supreme Court’s decision in this case sheds light on the critical issue of who can be protected under a permanent protection order issued under the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262).

The central question in this case was whether a stay-away directive in a protection order could include the adult children of the victim, even if they were no longer minors. The Supreme Court’s ruling affirmed that adult children can indeed be included in such directives, highlighting the law’s intent to protect all family members from violence and coercion.

Legal Context: Understanding RA 9262 and Protection Orders

RA 9262 was enacted to address the pervasive issue of domestic violence, particularly against women and their children. The law acknowledges the unequal power dynamics in intimate relationships and aims to provide comprehensive protection to victims. A key feature of RA 9262 is the provision for protection orders, which can be temporary or permanent, and are designed to safeguard victims from further harm.

Under Section 8(d) of RA 9262, a protection order can direct the respondent to stay away from the petitioner and any designated family or household member at a specified distance. This provision is crucial as it allows courts to tailor reliefs to the specific needs of the victim and their family. The law defines “children” as those below eighteen years of age or older but incapable of self-care, but it also allows for the inclusion of other family members in protection orders.

The Supreme Court has consistently upheld the liberal construction of RA 9262, as seen in cases like Go-Tan v. Tan, where the court recognized that violence can be committed indirectly through other family members. This interpretation aligns with the law’s objective to protect victims comprehensively.

Case Breakdown: The Journey of Ma. Victoria Estacio

Ma. Victoria Estacio filed for a protection order against her husband, Roberto, after years of enduring physical and psychological abuse. The Regional Trial Court (RTC) of Parañaque City granted her a temporary protection order, which included a stay-away directive covering not only Victoria but also their three adult children: Manuel Roberto, Maria Katrina Ann, and Sharlene Mae.

Roberto contested the inclusion of their adult children, arguing that the term “children” under RA 9262 should only apply to minors. However, the RTC made the protection order permanent, and the Court of Appeals (CA) upheld this decision, emphasizing that the law allows for the inclusion of family members beyond just minors.

The Supreme Court, in its ruling, affirmed the CA’s decision, stating:

“This Court agrees with the Court of Appeals that neither Republic Act No. 9262 nor the Rule distinguishes children as to their age when they are referred to as being covered by protection orders.”

The Court further noted:

“Courts have the discretion to designate family members who will be included in protection orders, as long as it is in line with the remedy’s purpose: to safeguard the victim from further harm, minimize disruptions in her daily life, and let her independently regain control over her life.”

The Court also addressed the issue of coercive control, recognizing it as a form of psychological violence under RA 9262. Roberto’s actions, such as sending demeaning messages to their children to indirectly harass Victoria, were deemed sufficient grounds for including the adult children in the stay-away directive.

Practical Implications: Protecting the Family from Violence

This ruling expands the scope of protection orders, allowing courts to include adult children in directives to prevent abusers from using them as tools of coercion. It reinforces the law’s intent to protect the entire family unit from violence, not just the direct victim.

For individuals seeking protection orders, this decision underscores the importance of documenting all forms of abuse, including psychological violence and coercive control. It also highlights the need for courts to consider the broader family dynamics when issuing protection orders.

Key Lessons:

• Protection orders can be extended to include adult children if they are used as means of indirect harassment or coercion.
• Courts have the discretion to tailor protection orders to the specific needs of the victim and their family.
• Victims should document all forms of abuse, including psychological violence, to strengthen their case for a protection order.

Frequently Asked Questions

Can a protection order include adult children?
Yes, the Supreme Court has ruled that adult children can be included in a protection order if they are used as a means of indirect harassment or coercion against the victim.

What is coercive control?
Coercive control is a form of psychological violence where one partner dominates another through tactics like isolation, manipulation, and economic abuse.

How can I document psychological violence for a protection order?
Keep records of any abusive messages, emails, or incidents. Witness statements and medical records can also support your claim.

What should I do if I feel unsafe due to domestic violence?
Seek immediate help from local authorities or a domestic violence hotline. Consider filing for a protection order to legally safeguard yourself and your family.

Can a protection order be modified or lifted?
Yes, but any modification or lifting of the order requires the consent of the protected party and evidence that the offender has addressed their violent tendencies through professional counseling.

ASG Law specializes in family law and domestic violence cases. Contact us or email hello@asglawpartners.com to schedule a consultation.