Emergency Protective Measures: How to Request Them

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Emergency protective measures are essential tools for protecting victims of violence. Learn who can request them, how the process works, and which measures a judge can grant.

What emergency protective measures are

Emergency protective measures are court orders designed to protect people at risk, especially victims of domestic and family violence. They are set out in Articles 22 through 24 of Law 11.340 of 2006 (the Maria da Penha Law). A judge can grant them immediately, without a hearing of the parties and without input from the Public Prosecutor’s Office, when there is a current or imminent danger to the victim’s physical or psychological integrity.

The central purpose of these measures is to put a legal barrier between the victim and the aggressor, so that the violence does not recur or escalate while criminal proceedings move forward. They give you a rapid response from the State in situations that cannot wait for the ordinary course of a court case, which often takes months or years to conclude. Obtaining a protective measure does not depend on a police investigation or a criminal case already being underway.

How to request protective measures

There are several ways to request protective measures. The most common is at the police station, when you file the police report. The police authority must forward the request to the judge within 48 hours, and the judge has the same amount of time to decide whether to grant it. You do not need a lawyer to make the request at the police station, although legal assistance is advisable to make sure every necessary measure is requested.

The request can also be made directly to the judiciary, through a lawyer or public defender, or by the Public Prosecutor’s Office. In judicial districts (comarcas) that have Specialized Domestic Violence Courts, cases move faster and the service is more specialized. Law 13.827 of 2019 also authorized the police authority, in municipalities that are not the seat of a judicial district, to provisionally order the aggressor removed from the home, and to notify the judge within 24 hours.

Emergency protective measures are court orders designed to protect people at risk, especially victims of domestic and family violence.

Since 2020, with the pandemic and the growing use of technology in the courts, many courts have begun accepting requests for protective measures electronically, including through apps and online forms. This has made access easier for victims who cannot go in person to the police station or the courthouse because of a physical limitation, the aggressor’s surveillance, or distance.

Types of protective measures available

The Maria da Penha Law provides for measures that bind the aggressor (Article 22) and measures aimed at protecting the victim (Articles 23 and 24). The measures that bind the aggressor include: suspending or restricting the possession or carrying of firearms; removal from the home, residence, or place shared with the victim; prohibition of certain conduct, such as approaching, contacting, or frequenting certain places; and an order to pay provisional or temporary support.

The measures aimed at the victim include: referral to a protection or support program; return to the home after the aggressor has been removed; removal of the victim from the home, without prejudice to her rights regarding property and the custody of her children; and court-ordered separation (separação de corpos, a judicial order for the parties to live apart). The judge may also order the enrollment of dependents in the nearest basic education school and the aggressor’s removal from the victim’s workplace.

The list of protective measures in the law is not exhaustive. The judge may grant other measures he or she considers necessary to protect the victim, depending on the circumstances of the case. Court decisions have recognized, for example, the possibility of prohibiting the aggressor from posting content about the victim on social media, blocking location sharing in apps, and restricting contact by electronic means.

Violations and legal consequences

Violating an emergency protective measure has been a standalone crime since Law 13.641 of 2018, which added Article 24-A to the Maria da Penha Law, with a penalty of detention from three months to two years. Before that change, a violation could lead only to an order of preventive detention of the aggressor, without constituting a specific crime, which weakened the deterrent effect of the measures.

In addition to criminal liability, a violation can support a request for the aggressor’s preventive detention under Article 313, item III, of the Code of Criminal Procedure. Preventive detention is an extreme measure, reserved for situations in which other steps have proved insufficient to ensure the victim’s safety. The judge must assess whether detention is necessary, considering the aggressor’s history, the seriousness of the violation, and the concrete risk to the victim.

To request protective measures or to get guidance on your rights in a situation of violence, we recommend seeking out a specialized lawyer. Professional legal assistance ensures that every available measure is requested and properly followed up. In an emergency, call 190 (Military Police) or 180 (the Women’s Helpline). For a legal consultation, contact us.

Frequently Asked Questions

How long does it take to get a protective measure?

After the request, the judge has 48 hours to decide whether to grant the emergency protective measure. In practice, many judicial districts review urgent requests even faster, especially when the victim’s life is at imminent risk. In municipalities that are not the seat of a judicial district, the police authority may provisionally order the aggressor removed from the home and must notify the judge within 24 hours for ratification.

Do I need a lawyer to request a protective measure?

You are not required to have a lawyer to request a protective measure at the police station. The police authority itself forwards the request to the judge. Even so, the help of a lawyer or public defender is strongly recommended, because the professional can request broader measures and monitor compliance with the court’s decision. The Public Defender’s Office provides free assistance to people who cannot afford a private lawyer.

Does a protective measure expire?

The Maria da Penha Law does not set a fixed expiration date for protective measures. They remain in force as long as the risk to the victim’s integrity persists, and the judge may review, replace, or revoke them at any time, on his or her own initiative or at the request of the parties. The aggressor may ask for revocation by showing that the risk has ended, and the victim may ask for renewal or expansion if the threat persists or worsens.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.