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Good day, Attorney. I am pregnant, jobless, with 2 kids in tow when i left our home in June 2014. My husband's abuses has escalated - from verbal, to psych, emotional and mental, then physical then economic, and now has also involved our kids.
The court granted me a TPO while hearing is set for the PPO this September. But the court did not (or maybe missed to) exclude my husband from the home so I could come home with my kids. Truth is, other people are occupying our house - my mother in law, his daughter sired out of wedlock whom he took from the mother, and another daughter from a previous marriage. So I was basically cast out and told to leave "his" house. He doesnt give me money or allowed to manage our finances. I have to work and have been working since before he met me, so I could have some money for myself and to add to the allotment he gives for the kids.
We have consequently filed for a motion to exclude during our August prelim conference, but no response yet from the court, so basically we're still homeless, and all other provisions in the TPO not complied with --- support, custody of all children, intimidation, etc. He posts veiled threats in the guise of "innocent" quotes and comments through an online platform, facebook. Only the court sheriff served him the TPO, with no enforcers or coordination with the military police or camp commander.
In the August prelim conference, his lawyer questioned the validity of the AFP housing granted to us being the conjugal home, with the claim that it is not because the lawyer says it is an "entitlement". But I have spent money fixing that housing unit; my husband asked for my monetary contribution to have it repaired and to buy house fixtures and other household needs. He is refusing me rights to a vehicle (we have 2) or to enter our home, saying he has reported me to DSWD and to the barangay. That suddenly brings me back to his claim that the house is a military entitlement and not conjugal, why then would it be under the jurisdiction of the (civilian) barangay?
I feel that the court has not duly enforced the TPO and lacks the coordination with the law enforcers and even agencies like DSWD. They just instead advised us to file again for Contempt, so I again have to file at the RTC and pay court fees.
I have not filed a VAWC case yet because it is a criminal offense. I just wanted the PPO so I could have a peaceful and safe pregnancy because it is threatened by abortion due to continuous bleedings because of stress from the home situation and the abuses (economic, mental, verbal, emotional), but my husband won't relent at making my life hard to force me to either go back to him, or give up the kids to him, or he will file for annulment and claim psych incapacity against me and alleged child abuse against his (illegit) daughter, even if there has been an agreement between me and my husband that she stays with her mother, he sends her to school, but may spend vacation time at our house on occasions.
The lawyer who is helping me with the PPO is a friend from the province, doing it pro bono. I need some advise from you on how to go about the vawc case, or if there are other options for me other than a criminal case at this time. I just want my husband to reform and finally go to counseling, which he has promised to do so many times in so many years. Although of course most people would wish I finally separate from him.
I appreciate your thoughts on this matter. Thank you so much!
The court granted me a TPO while hearing is set for the PPO this September. But the court did not (or maybe missed to) exclude my husband from the home so I could come home with my kids. Truth is, other people are occupying our house - my mother in law, his daughter sired out of wedlock whom he took from the mother, and another daughter from a previous marriage. So I was basically cast out and told to leave "his" house. He doesnt give me money or allowed to manage our finances. I have to work and have been working since before he met me, so I could have some money for myself and to add to the allotment he gives for the kids.
We have consequently filed for a motion to exclude during our August prelim conference, but no response yet from the court, so basically we're still homeless, and all other provisions in the TPO not complied with --- support, custody of all children, intimidation, etc. He posts veiled threats in the guise of "innocent" quotes and comments through an online platform, facebook. Only the court sheriff served him the TPO, with no enforcers or coordination with the military police or camp commander.
In the August prelim conference, his lawyer questioned the validity of the AFP housing granted to us being the conjugal home, with the claim that it is not because the lawyer says it is an "entitlement". But I have spent money fixing that housing unit; my husband asked for my monetary contribution to have it repaired and to buy house fixtures and other household needs. He is refusing me rights to a vehicle (we have 2) or to enter our home, saying he has reported me to DSWD and to the barangay. That suddenly brings me back to his claim that the house is a military entitlement and not conjugal, why then would it be under the jurisdiction of the (civilian) barangay?
I feel that the court has not duly enforced the TPO and lacks the coordination with the law enforcers and even agencies like DSWD. They just instead advised us to file again for Contempt, so I again have to file at the RTC and pay court fees.
I have not filed a VAWC case yet because it is a criminal offense. I just wanted the PPO so I could have a peaceful and safe pregnancy because it is threatened by abortion due to continuous bleedings because of stress from the home situation and the abuses (economic, mental, verbal, emotional), but my husband won't relent at making my life hard to force me to either go back to him, or give up the kids to him, or he will file for annulment and claim psych incapacity against me and alleged child abuse against his (illegit) daughter, even if there has been an agreement between me and my husband that she stays with her mother, he sends her to school, but may spend vacation time at our house on occasions.
The lawyer who is helping me with the PPO is a friend from the province, doing it pro bono. I need some advise from you on how to go about the vawc case, or if there are other options for me other than a criminal case at this time. I just want my husband to reform and finally go to counseling, which he has promised to do so many times in so many years. Although of course most people would wish I finally separate from him.
I appreciate your thoughts on this matter. Thank you so much!
