VAWC Psychological Abuse

Greetings lawyers!

What measures do I have to take to make sure my case is strong?

My husband has been philandering for five years now and lately impregnated a woman he's now been living with for the last two years. He's confessed he is the father of the child and lately been visiting his parent's home, together with his mistress and child, which is adjacent to the apartment that his parents own that I used to live at until they asked me to leave a week ago. Our confrontation a week ago resulted to a baranggay and police blotters.

The PAO lawyers have been telling me to get sufficient evidence like a testimony from one of his and his mistress' neighbors to prove that they're living as husband and wife or to procure the kid's certificate. The thing is I feel too much effort, time, and money is going to be wasted just doing those. Can't my testimony, knowledge of my husband's affair that he acknowleged and confessed to in the barangay and police blotters. All I want to show is how psychologically affected I have been eversince he's abandoned me and what responsibilities as a husband he didn't fulfill and most epsecially my being childless at my age.

Please enlighten me.

that's good advice from the PAO.

Can you recommend an experienced family lawyer? The VAWC police officers I talked with advised me to get a private lawyer instead to make sure a get a better case. It seems they don't get much VAWC cases except for physical abuse ones. In fact, I was told it was their first time dealing with one that specifically deals with psychological abuse. They warned me that it could get dismissed by the fiscal since I don't have much of an evidence. It is frustrating because mine is definitely an abuse nonetheless.

I am located in Makati. Please PM me. Thanks!

cases are all about evidence. the pao advice is good for a charge of concubinage. as for vawc, psycho abuse is possible but i have to agree that it is difficult to prove. you can also file a case for monetary damages against the mistress

Good day, attorneys! My case of concubinage and vaw is now filed thru Women's Desk. What happens next?

do you mean they filed it at the prosecutor's office? if not push them to do so.

I was advised it's forwarded to the prosecutor's office and would just receive my subpoena. AttyLLL, do you know what's the step by step procedure once my case reaches the prosecutor? Thanks a lot!

other side will answer your complaint with a counter affidavit. after that you can reply, then they can again answer. then case is submitted for resolution. budget 3-6 months.

Thanks for answering my questions, attyLLL. I'd also like to clarify whether in the process of countering each other's affidavit the persons involved including witnesses would meet before the prosecutor or it's all paperwork.

both. at hearings, you'll be face to face while they submit their affidavits

Atty LLL, I have another question, pls. Can you tell me if there is a limit to asking for motion for extension ba yun? Kase our PI (preliminary investigation) was moved to a different date requested by the other party.

Another question is would you consider suggestive photos like man on top of a woman in scanty clothes evidence for concubinage?

Thanks a lot!

Referencing to your reply #4, I can also file a case for monetary damages against the mistress? What exact case is that, atty? Thanks!

if you have your own lawyer, you should discuss this with him. the suggestive photos are just that - suggestive, but they are still evidence.

extensions are allowed as long as you don't oppose them or the prosecutor keeps allowing it.

Hi attyLLL.

I had a lawyer but I could not afford to continue paying his dues that's why I terminated his services as much as I hated it.

By the way, I've just received the conclusion of the preliminary investigation and was advised now to file the case in the court. My question is would I still be able to continue without hiring a lawyer (I don't qualify for free legal services from PAO) and file the same case I filed different from the final advice of the investigator? It's the same VAWC case but I was advised on the letter to file economic abuse. There's no mention of the sections I filed. What are the next steps that I have to take?

Thank you and God bless.

Filing VAWC for psychological abuse is frustrating. But I'm still hopeful 'coz my case was not dismissed. And the investigators even wrote economic abuse is enough to file the case. I will continue this whatever happens.

TO ALL WOMEN READING THIS WHO ARE BEING ABUSED IN ANY WAY BY THEIR SUPPOSED BETTER HALF, DON'T GIVE UP HOPE. SOMETIMES YOU HAVE TO ACCEPT THAT STAYING IN THE RELATIONSHIP IS WORSE THAN LEAVING IT. THESE MEN HAVE TO LEARN THEIR LESSON AND BE MEN WHO STAND BY THEIR DECISION AND FACE THE CONSEQUENCES WRONG DECISIONS BRING.

LET'S END THIS CRUEL CYCLE OF ABUSE TO WOMEN TOLERATED BY OUR CULTURE. LET'S PROTECT THE IMPORTANCE OF SOLID FAMILY BOUND BY LOVE AND RESPECT.

AttyLLL, is there a case that I can file that would force the mistress to expose the identity of her second child enough to use it for let's say monetary damages?

Thanks a lot!

a civil case for monetary damages. and then you can request for a subpoena to disclose the birth certificate

Thank you again for your advice attyLLL!

To let all women reading this know, I went to the OCC and was told that my case was now raffled and the same judge who would preside over our trial would be my lawyer as well. I was advised to go to the police station next week to facilitate faster serving of the arrest warrant on my ex. I'm so elated.

Unless he's able to bail, he'd stay there while court hearings were being done. He will be able to pay for the bail. That I'm sure of. It's fine with me. I'll see to it he gets escorted by the police in my presence.

Justice!

I'll keep posting the developments here.

ens.

TO ALL WOMEN READING THIS WHO ARE BEING ABUSED IN ANY WAY BY THEIR SUPPOSED BETTER HALF, DON'T GIVE UP HOPE. SOMETIMES YOU HAVE TO ACCEPT THAT STAYING IN THE RELATIONSHIP IS WORSE THAN LEAVING IT. THESE MEN HAVE TO LEARN THEIR LESSON AND BE MEN WHO STAND BY THEIR DECISION AND FACE THE CONSEQUENCES WRONG DECISIONS BRING.

LET'S END THIS CRUEL CYCLE OF ABUSE TO WOMEN TOLERATED BY OUR CULTURE. LET'S PROTECT THE IMPORTANCE OF SOLID FAMILY BOUND BY LOVE AND RESPECT.

I agree with you Bella. I am also facing a situation like these. I am married and have 2 kids with my husband. Unfortunately, he keps on cheating me. Last July, he already abandoned us and live with the mistress. I would alos like to file a case against my husband and her mistress and I am also seeking free legal help.

feel free to ask a question

Hi attyLLL.

My husband and I are separated. I live with my child. He sent me text messages and emails that he had been living in with his mistress. He threatened me that even if I file a case against him, it wouldn't make any sense since he's apathetic and he is willing to be jailed because he said he would be free, say, after 3 years, and that it is ok with him. At lalo akong WALA makukuha sustento pag nakakulong siya.

We own a car. We bought the car after getting married. He's not letting me use the car since he said he is the one paying for it. He gives financial support but it is very small compared to what he gets for himself, for his mistress, and for his family in the province. He always complains that he has to support his family in the province. And I am afraid that he could withdraw the support ANYTIME since walang binding by law or court AT nagrereklamo na siya sa suporta niya.

I don't know where he lives and I have not seen his mistress. I'm just doing part time jobs since I live alone with my child and I need to take care of her. I know his payslip is a whooping 100k each month but I and my daughter get a meager amount.

My goal is simple. I want him to be enforced to support US financially based on what is due, fair/just, according to his salary. I want him to give me the right to the car or hatiin ng patas ang lahat.

My question is which case is strongest, most fit for me to reach my goal?
VAWC Psycho and Economic Abuse
Legal Separation/Anullment
Concubinage

Thank you so much.

I don't know where he lives and I have not seen his mistress.

find out first where he is because the case might not prosper if you can't even allege an address

i agree with you Bella..ako din nag file sa asawa ko ng CONCUBINAGE/RA9262 sa fiscal office ng NBI ndi ako susuko at ndi ako uurong...now nasa fiscal na po wait ko nalang ang resolution kc sabi ng imbestigador wait daw ako after a month pa..kc nagfile ako nung January 17,2013 hanggang ngaun wla pa nalabas na resolution...sabi nga sa akin ng mga friend ko wag ng ituloy gagastos lang dw ako..pero di ako nakinig sa mga friend ko dahil karapatan ko ito dahil ako ang legal wife...di po ako nakikipaglaban para bumalik ang asawa ko sa akin pinaglalaban ko dito na para xa makulong at mabigyan ng leksyon sa ginawa nia sa akin pagkatao..at kawalang respeto sa aking pagkatao...kaya itutuloy ko ang laban ko sa asawa ko saka sa kabit nia maubos man ipon ko wala na akong pakialam basta gawin ko nararapat para sa kabit saka sa asawa ko...sana nga pati kabit makulong kaso lang di pa pala makulong ang babae ang aswa ko lang...sabi ko nga pag nakulong ang dalawa ako na cguro ang pinakamasayang babae my asawa ngaung taon 2013...dahil tatlong taon din ako naghirap sa kakaisip dito sa abroad...ang kabit pa ang my gana awayin ako at murahin...ang masakit pa ang kabit ng asawa ko na pinagpalit sa akin isang GRO na my anak din sa ibang lalaki na my asawa din..sa ngaun magksama sila at my anak narin sila ng husband ko...dati di ako nag isip mag demanda kc wala pa sila nun anak lagi pinapalaglag ng babae saka ng husband ko para dw walang ebidensya eh last year ang ginawa ng babae tinuloy nia na magbuntis dahil akala nia di ko gagawin ang magdemanda dahil di nia na ako nakikita sa fb kc deniactivate ko...now ndi pa nila alam ng husband ko na nagfile na ako ng demanda laban sa knilang dalawa...salamat sa dios kc ung landlady nila na tinirhan nila xa pa nag witness sa akin..sabi ng landlady nila di xa kakampi sa masama sabi nia hayaan mu ako witness mu dahil ikaw ang legal..kala ko nung una nagbibiro lang xa kc di ko xa kilala saka nandito ako sa abroad..pero nung nagfile na ako sa NBI pinunthan xa ng imbestigador ng NBI sumama naman xa at nagbigay ng statement...sabi ng imbestigador pasalamt ky my nagging witness ka malaking tulong ito sau...now wait ko nalang ang resulotion sana nga mabigay na ng fiscal..kaya kau na ginawang ng katarantaduhan at panluluko ng asawa gawin nio din nararapat sa knila di naman natin yan kasalanan dahil batas naman ang pinairal natin...sana lang meron din kaung lakas na ipaglaban ang inyong mga karapatan..kami walang anak pero nagdemanda ako dahil malaking pera nahothot sa akin..sa tatlong taon na panluluko sa akin di ko alam ako na pala ang bumubuhay sa kabit nia at sa anak nila...halos walang natira sa salary ko kc pinapadala ko halos lahat sa knya kc maraming alibi na kesyo kailangan nia pera un pala my binabahay na tapos pinagawan pa ng maliit na tindahan na pera ko ang pinuhunan perang pinaghirapan ko...walong beses humingi sa akin ng tawad pinatawad ko naman sa ikasiyam na paghingi ng tawad pinatwad ko uli kc sabi nia sinusumpa nia sa dios di na xa babalik sa babae magbabagong buhay na dw xa...kala ko nagbago na nga kc 1 year and 4 months na ndi na talaga xa nagpakita sa babae..nung december 4,2012 pala pinadalhan ng babae ng ticket sa eroplano kaya un bumalik na naman sa babae..ndi ko alam na bumalik kung ndi pa ako tumawag ng dec.20 ndi ko makontak kaya tumawag ako sa magulang dun ko nalaman na bumalik sa babae...hanggang cnbihan ako ng magulang na magdemanda na ako..kaya iton january nagfile na talaga ako..kc ang ikinagalit ko lang ginamit pa ang dios para ako makapagpadala uli ng pera sa knya...kaya sa galit ko nag ginamit ang dios nagdemanda na talaga ako...sana naman sa awa ng dios sana naman magsophenahan ang dalawa o mabigyan na ng warrant of arrest....

atty,
ask ko lang po..bakit po matagal ang pagbigay ng resulotion?bakit po naabotan ng 3 to 6 months?