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Free Guide to Hiring a Family Lawyer
Domestic violence in Paraty is governed primarily by federal Brazilian law, applied locally through police, prosecutors and courts in the municipality and in the State of Rio de Janeiro. The most important federal statute is Law No. 11.340-2006 - commonly called the Maria da Penha Law - which defines domestic and family violence, creates special criminal and civil procedures, and provides urgent protective measures for victims. In practice, victims in Paraty can seek help from local police stations, specialized services when available, medical units for examinations, the Public Defender when they cannot afford private counsel, and the state justice system that handles criminal charges and civil requests such as protective orders, custody and alimony.
Domestic violence cases often involve intertwined criminal, civil and family law questions. A lawyer can help in several common situations:
- Obtaining and enforcing urgent protective measures and restraining orders.
- Filing criminal complaints and working with the prosecutor on charges such as bodily harm, threats, sexual violence or domestic homicide attempts.
- Seeking divorce, separation, child custody, visitation limits and child support in contexts where violence affects family law decisions.
- Helping preserve and present evidence - medical reports, photos, messages, and witness statements - to police, prosecutors and judges.
- Representing victims in court hearings and negotiating with opposing counsel, or representing a person accused of violence to ensure due process and fair defense.
- Navigating interactions with the Public Defender's Office, Ministério Público and specialized domestic violence courts or units in the state.
Key legal aspects relevant to domestic violence in Paraty include:
- Definition of domestic violence - The Maria da Penha Law defines domestic and family violence broadly to include physical, psychological, sexual, moral and patrimonial (financial) abuse between spouses, partners, former partners, family members and people in similar domestic relationships.
- Urgent protective measures - Police and judges can request or order medidas protetivas de urgência. These can include removal of the aggressor from the home, prohibition of contact or proximity, prohibition of approaching the workplace or school of the victim, temporary suspension of visitation rights and orders to provide financial support.
- Criminal penalties - Acts of domestic violence may also constitute crimes under the Brazilian Penal Code - for example bodily injury, threats, violations of privacy, sexual crimes and homicide. Domestic context can justify aggravated or specific treatment under the law.
- Specialized procedures and services - The law requires specialized police responses, forensic exams and judicial attention. Where available, Specialized Women Police Stations - Delegacia da Mulher - and special domestic violence court units handle complaints and coordinate protective measures.
- Public legal assistance - People who cannot afford a private lawyer have the right to representation by the Defensoria Pública. The Ministério Público prosecutes criminal matters and can act to protect victims in some civil situations.
Domestic violence covers physical aggression, threats, sexual assault, psychological abuse, humiliation, verbal abuse, stalking, economic control or financial deprivation and damage to personal property when these acts occur within a domestic or family relationship. The Maria da Penha Law uses a broad definition so many forms of abusive conduct qualify.
If you are in immediate danger call the police - emergency number 190. Try to get to a safe location, seek medical attention for injuries, and keep any evidence such as photos, messages, emails and witnesses. When safe, file a police report to start legal procedures and request emergency protective measures.
You can file a police report at any local police station. If there is a Delegacia da Mulher or specialized unit nearby, that office handles complaints from victims of domestic violence. If you cannot afford a lawyer, seek help from the Defensoria Pública or an NGO that assists survivors. The police should forward the case to the Ministério Público so criminal prosecution can proceed and to a judge for possible protective measures.
Protective measures are court orders designed to protect victims immediately. They can include removal of the aggressor from the home, bans on communication or approach, temporary custody or visitation adjustments and orders for financial support. You can request these measures in your police report, through the public prosecutor or with a lawyer. In many cases a judge can grant urgent measures quickly based on the complaint and initial evidence.
Medical reports and a forensic exam (exame de corpo de delito) strengthen your case and document injuries, but lack of medical proof does not prevent you from filing a complaint or obtaining protective measures. Always seek medical attention after an attack, both for your health and to preserve evidence. Keep all records, prescriptions and photos.
h3>Can a man be a victim of domestic violence and receive the same protection?Yes. Although the Maria da Penha Law was created to protect women and addresses gender-based violence, men and other victims can and do seek protection and criminal redress under the Penal Code and other applicable rules. Police, courts and public bodies must handle all reports of crime and danger appropriately.
After a complaint, the police investigate and may collect evidence and statements. The case is sent to the Ministério Público, which decides whether to press criminal charges. A judge may issue protective measures. Expect hearings, possible forensic exams and court dates. If you have a lawyer or a public defender, they will guide you through each stage and represent you in court.
If you feel your complaint was ignored, you can request to speak with the duty prosecutor at the Ministério Público, contact the Defensoria Pública for assistance, or take the complaint to another police station. Document what happened, including names, dates and times. You can also present a complaint to the state ombudsman or oversight body that monitors police conduct.
Protective measures can be temporary and usually start with urgent orders from a judge. The duration varies by case and can be renewed or modified through court motions. Many measures remain in place until a final judicial decision in a related civil or criminal proceeding, or until the judge orders a change based on new facts or agreement between the parties.
Victims may request emergency financial measures in civil proceedings, and social services or local NGOs may provide temporary shelter or assistance. The municipality, state programs and civil society organizations sometimes operate shelters and support networks. If you cannot afford private counsel, the Defensoria Pública can advise about accessing these benefits and representing you in requests for financial protection.
The following types of organizations and public bodies can provide support in Paraty and in Brazil generally:
- Emergency police - call 190 in immediate danger.
- National women s helpline - call 180 for information and guidance about domestic and gender-based violence.
- Local police stations and, where available, Delegacia da Mulher - for filing complaints and obtaining initial police protection.
- Ministério Público - the public prosecutor s office that handles criminal prosecution and can take protective actions.
- Defensoria Pública - free legal representation for people who cannot afford a private lawyer.
- Forensic services - medical units and the Instituto Médico Legal for forensic examination and documentation of injuries.
- Specialized domestic violence courts and domestic violence units in the state justice system - for hearings and civil protective orders.
- Local social services, NGOs and shelters - for immediate safety, counseling and support. Municipal social assistance centers often coordinate referrals.
If you need legal assistance in Paraty, follow these steps to protect yourself and prepare for legal action:
- Ensure immediate safety - if you are in immediate danger call 190 and move to a safe location if possible.
- Seek medical attention - get treated and documented for any injuries. Ask for a forensic exam if you have been assaulted.
- File a police report - report the incident at a local police station. Request that protective measures be sought right away.
- Preserve evidence - save messages, emails, photos, videos, damaged property and witness contacts. Do not alter the evidence chain.
- Get legal advice - contact a lawyer who specializes in family or criminal law or, if you cannot afford one, contact the Defensoria Pública for representation.
- Reach out for social and psychological support - local NGOs and municipal services can help with shelter, counseling and financial guidance.
- Follow up with prosecutors and the courts - attend hearings, respond to requests and keep your lawyer or public defender informed.
- Keep records - maintain a file with police reports, medical records, protective orders and court documents. This will help your legal team and protect your rights.
If you are unsure where to start, call the national helpline - 180 - for guidance on services and steps to take. Legal and social help is available, and taking early action can improve safety and legal outcomes.
