Can Wife File A Legal Case Against Husband Who Stopped Sending Support to His Family?
Under the Republic Act 9262 otherwise known as “Anti-Violence Against Women and Their Children Act of 2004”, under the section “Economic Abuse” a wife can file a legal case against her husband for failing to provide support to his family.
To do this, the wife has to produce documentary evidence as legal wife of the husband who has stopped, or delayed providing support.
To proceed with the case:
1. The wife may file “Petition for Protection Orders” at a regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner/wife. This “protection” clause covers a variety of aspects including harassment, abuse and provision of support as stated in Section 8.
2. The application for a protection order must be in writing, signed and verified under oath by the applicant. Information should include the following:
(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 such as directing the husband to provide support to the wife and/or her child if entitled to legal support;
(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.
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.