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All Jurisprudence based

0 tracked cards Criminal Law

Alex and Mina are cohabiting partners with a 5-year-old child. Over the past two months, Alex physically slapped Mina on two occasions, causing bruises; he locks Mina inside their apartment to prevent her from leaving; he confiscates Mina’s earnings and prevents her from working; he threatens to harm their 5-year-old child if Mina seeks help or attempts to leave. Mina files a case under RA 9262. Which of the following statements is most accurate under RA 9262?

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The court may issue a Temporary Protection Order to safeguard Mina while the case is pending, and may later issue a Permanent Protection Order if warranted. Only the physical violence (slapping) qualifies as violence under RA 9262; confinement, economic control, and threats do not; the domestic relationship requirement is satisfied; RA 9262 would apply only to the injuries from the slapping. All four acts—slapping causing bruises, confinement of Mina in the apartment, control of Mina's earnings, and threats to harm their child—constitute violence against women and their children under RA 9262; the domestic relationship requirement is satisfied since Mina and Alex are cohabiting partners with a child; RA 9262 provides for criminal liability and protective orders. Confinement inside the home counts as physical violence; the other acts of economic control and threats do not constitute VAWC in RA 9262; only the act of slapping would.

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