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Free Guide to Hiring a Family Lawyer
Domestic violence in Ermesinde is governed by the national laws of Portugal and applied locally through police, public prosecutors and courts serving the Valongo municipality. Domestic violence covers physical, psychological, sexual, economic and other forms of abuse between people in intimate or family relationships. Portuguese law treats domestic violence as a serious criminal matter and provides both criminal and civil remedies, as well as protection and support services for victims. Local authorities in Ermesinde work with national victim support organisations and municipal services to provide emergency protection, social support and legal channels for seeking justice.
Legal help is often necessary in domestic violence situations for many reasons, including:
- To file a criminal complaint and ensure the case is correctly presented to the Public Prosecutor.
- To request urgent protective measures - for example removal of the alleged aggressor from the family home or prohibitions on contact and approach.
- To obtain civil remedies such as legal separation, divorce, child custody decisions, visitation limits, and orders for spousal or child support.
- To preserve and present evidence effectively - police reports, medical records, photos, messages and witness statements.
- To navigate interactions with police, the Public Prosecutor and the family or criminal courts.
- To secure immigration-related support if you are a foreign national and need information on residence status or protection visas tied to cooperation with criminal proceedings.
- To apply for legal aid - known in Portugal as apoio judiciário - if you cannot afford private legal fees.
A lawyer experienced in domestic violence, family law and criminal law can explain options, represent you in court, and help coordinate with social services and victim support organisations.
Key legal features relevant to domestic violence in Ermesinde reflect Portuguese national law and local procedures:
- Criminal offences: The Portuguese Penal Code criminalizes acts of physical violence, psychological violence, sexual crimes, threats, stalking and coercion. Domestic violence can be prosecuted as separate offences or as aggravating factors in other crimes.
- Protective measures: Police and judges can impose urgent protective measures - for example removal of the alleged aggressor from the shared home, prohibition of approach or contact, and temporary custody arrangements for children. Protective measures can be requested by the victim, requested by the police, or proposed by the Public Prosecutor.
- Criminal procedure: After a complaint or police report, the Public Prosecutor - Ministério Público - decides whether to bring charges. Victims may be called as witnesses and may have rights to legal representation and protection during proceedings.
- Family law remedies: The Civil Code and family procedure law provide processes for divorce, legal separation, custody, visitation and financial support. Courts can make interim orders for custody and housing while proceedings continue.
- Child protection: If children are involved, child protection authorities and the Comissão de Proteção de Crianças e Jovens may be engaged to assess risk and propose protective measures.
- Support services and shelters: Municipalities and national organisations provide temporary shelter, social support and counselling. Local health services can document injuries and provide care, which is important for evidence.
- Special protections for vulnerable people: Portuguese law provides additional protections and procedural adjustments for victims who are minors, elderly, disabled, or foreign nationals. Victim cooperation with authorities can affect immigration outcomes in certain cases.
You can report violence by contacting the emergency number 112 if you are in immediate danger, or by going to the local police station to make a complaint. The police will record your statement, provide immediate protection if needed and forward the case to the Public Prosecutor for investigation and possible criminal charges.
Yes. Police and courts can arrange urgent protective measures that may include the removal of the alleged aggressor from the shared residence and temporary prohibitions on approaching or contacting the victim. A judge usually confirms or extends such measures after the initial intervention.
Keep records of injuries and medical reports, photos of injuries or damage, screenshots or copies of threatening messages, call logs, witness names and contact details, police reports and any other relevant documents. Preserve this evidence safely and tell your lawyer about it.
Arrest depends on the facts and on police assessment. If there is an immediate threat, ongoing violence, clear injuries, or a criminal act in progress, police may arrest the alleged offender. Otherwise, the police may initiate an investigation and the Public Prosecutor will decide on charges.
Yes. You can request civil protective measures through the family or criminal courts even if you do not want to pursue criminal charges. Civil measures can address housing, custody, visitation and contact restrictions. A lawyer can help you apply for these measures.
Court decisions focus on the best interests of the child. Evidence of domestic violence is a key factor in custody and visitation decisions. The court can order supervised visitation, limit overnight stays, or change custody arrangements if the child is at risk. Child protection services may be involved.
Yes. Municipal social services, national victim support organisations and local NGOs provide shelter, counselling and practical support. If you need shelter or social assistance, ask the police, your lawyer or a victim support organisation to help you contact local services.
Foreign nationals can seek the same protective measures as Portuguese citizens. In some cases, victims who cooperate with criminal investigations may have options to regularise their immigration status or request specific protections. Contact a lawyer with experience in immigration and victim law to discuss your situation.
Victims can pursue civil claims for compensation for physical and psychological harm, medical expenses and other losses. Criminal proceedings may also include requests for compensation. A lawyer can advise on the best route and help prepare a claim.
Protective measures can be temporary or longer term. Initial emergency measures are often short-term and can be extended or modified by a judge after a hearing. The court will review evidence and may convert temporary measures into longer-term orders based on the circumstances.
Below are types of organisations and public bodies that can assist people facing domestic violence in Ermesinde:
- National victim support organisations and NGOs that provide crisis intervention, counselling and shelter.
- Municipal social services - Valongo municipal services offer local social support and can help coordinate shelter and protection.
- Associação Portuguesa de Apoio à Vítima - a main national victim support body offering counselling and practical help.
- Comissão para a Cidadania e Igualdade de Género - government body focused on gender equality and violence prevention.
- Ministério Público - the public prosecution service that receives criminal reports and pursues criminal charges.
- Local police (PSP or GNR depending on the area) for immediate intervention and to file complaints.
- Local courts - family and criminal courts handle protective orders, custody and criminal proceedings.
- Child protection services and the Comissão de Proteção de Crianças e Jovens for cases involving minors.
- Health services - emergency departments and family doctors can record injuries and provide care that supports legal action.
If you need legal assistance for domestic violence in Ermesinde, consider the following steps:
- Ensure immediate safety - if you are in immediate danger call emergency services at 112.
- Seek medical attention - get medical care for injuries and request a medical report to document harm.
- Preserve evidence - keep photos, messages, medical records, and any documents that show the abuse.
- Report the incident - go to the local police station or ask to make a statement to the police. The police can request urgent protective measures.
- Contact victim support services - ask for help with shelter, counselling and practical needs through municipal social services or national organisations.
- Consult a lawyer - look for a lawyer experienced in domestic violence, family law and criminal law. Ask about legal aid - apoio judiciário - if you cannot afford private fees.
- Prepare for hearings - bring identification, documents, evidence and any existing reports to your legal appointment. Your lawyer can help you file civil claims and represent you in court.
- Keep a safety plan - discuss safety measures with support services, including changing routines, securing communications and arranging safe housing if needed.
This guide provides general information and does not replace personalised legal advice. For specific decisions and to protect your rights, consult a qualified lawyer in your area as early as possible.
