Defence against Domestic Violence Allegations in Portugal

This page is for a person in Portugal accused of domestic violence by a partner, former partner or relative, and for family helping from abroad. It explains why the case continues even if the complaint is withdrawn, what measures a judge can impose and what a lawyer does for the accused.
lawyers in Portugal
4
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4
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4.97 ★

About Defence against Domestic Violence Allegations in Portugal

Domestic violence allegations in Portugal, also described as being accused of domestic violence or facing domestic violence charges, concern the offence of violência doméstica, which covers spouses, partners and former partners, parents and children and people living in the same household, whatever their gender. The accused becomes a formal suspect (arguido) and may face pre-trial measures (medidas de coação) such as leaving the home or a no-contact order. This page is for the accused; it is general information, not legal advice. A person who is at risk finds a separate page on restraining orders. Some older lists and lawyer pages call this service “Cases of Alleged Domestic Violence”.

Who needs this

A foreign resident whose partner or ex-partner has made a complaint, a person taken from the home by the police after an argument, a parent accused during a separation or a dispute about the children, and relatives abroad who hear that someone has been detained.

How a case runs in Portugal

  • Violência doméstica is a public offence (crime público): once the police or the prosecutor know of it, the case goes ahead whether or not the complainant wants it. A withdrawn complaint (retirar a queixa) does not close the case, although the complainant's account remains central evidence.
  • After the person is made arguido, a judge decides within a short time on urgent measures: an order to leave and not approach the home (afastamento da residência), a ban on contact by any means (proibição de contactos), sometimes electronic monitoring (pulseira eletrónica) or a ban on holding weapons. These are precautions, not a finding of guilt.
  • Breaking a measure, even with one message, can lead to a stricter one, up to pre-trial detention (prisão preventiva).
  • The investigation (inquérito) ends with the case closed, charged or, where the law allows and the complainant freely agrees, provisionally suspended on conditions. After a conviction the court may add a no-contact order or a prevention programme as an additional penalty (pena acessória).

What to pay attention to

The first statement to the police shapes the file. Messages, call records and witnesses on both sides are evidence, and so is any contact made while a no-contact order is in force. An accusation often runs alongside a separation, so decisions about child custody and the home may be taken while the criminal case is open.

What an English-speaking lawyer does

The lawyer explains the accusation and the measures in plain English, attends the interviews with an interpreter where needed, asks the judge to review or soften the measures, gathers the defence evidence, represents the accused at trial and explains the effect on a residence permit or on a later criminal record certificate. An accusation of violence outside the family is described under assault charges. More on criminal law in Portugal.

Questions and answers

My partner wants to withdraw the complaint. Does the case stop?

No. Because the offence is public, the prosecutor decides whether the case continues. The complainant's wish may be taken into account at later stages, but it does not end the process by itself.

Does the no-contact order mean the court believes I am guilty?

No. The measure is based on the information available at that moment and on the risk the judge sees. Guilt is decided, if at all, at trial.

Can I see my children while the measures are in force?

It depends on the wording of the measures and on any decision of the family court. Contact arranged outside those rules can be treated as a breach, so this is worth settling through the lawyers.

Can I leave Portugal?

Only if no measure forbids it. The accused remains obliged to receive notifications at the address given and to appear when summoned.

4 lawyers who provide Defence against Domestic Violence Allegations in Portugal

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

  • Elsa, lawyer in Lisbon

    Elsa

    Lawyer · Lisbon, Portugal

    • 640 cases handled · 1 in this service
    • 29+ years in practice
    • Speaks: English, Portuguese
    • Law, Autonoma University Lisbon
    • 4.88(11 reviews)
    Contact Elsa
  • Carolina, lawyer in Lisbon

    Carolina

    Lawyer · Lisbon, Portugal

    • 366 cases handled · 1 in this service
    • 4+ years in practice
    • Speaks: Spanish, English, Portuguese
    • Law, University of Coimbra
    • 4.91(11 reviews)
    Contact Carolina
  • Jorge, lawyer in Porto

    Jorge

    Lawyer · Porto, Portugal

    • 116 cases handled · 1 in this service
    • 9+ years in practice
    • Speaks: English, Portuguese
    • Law, Coimbra
    • 5.00(6 reviews)
    Contact Jorge
  • Goncalo, lawyer in Lagos

    Goncalo

    Lawyer · Lagos, Portugal

    • 55 cases handled · 1 in this service
    • 7+ years in practice
    • Speaks: English, Spanish, Portuguese, French
    • Degree in Law, Universidade de Lisboa
    Contact Goncalo
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Talk to a lawyer about Defence against Domestic Violence Allegations

4 registered lawyers provide this service in Portugal. Describe your situation in a short chat — what happened, where, and how to reach you. Your enquiry is reviewed and passed to a lawyer who handles exactly this kind of case, with no obligation.

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Enquiries are answered by lawyers of AdvocateAbroad. This site provides legal information, not legal advice.

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