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If you have been a victim of domestic violence and have already filed a criminal complaint against the aggressor, but no trial has yet taken place, nor has a court decision been issued, to proceed with the indicated steps.
1) Informação sobre o direito ao adiantamento da indemnização
Domestic violence is considered a public crime, and as such, the criminal procedure is not dependent on the victim's formal or informal complaint. Thus, as long as there is a report or knowledge of the crime, the Public Prosecutor's Office can initiate proceedings.
Domestic violence is an attack on individual dignity, of a mental, physical, economic, or sexual nature. It is characterized by a continued violent behavior or excessive control over someone, and typically, incidents are rarely isolated. On the contrary, they tend to increase in frequency and severity, causing continuous fear and anxiety to the victim.
The crime of domestic violence includes any criminal act committed in this context. Thus, a person who inflicts physical or psychological abuse, whether once or repeatedly, is committing a domestic violence crime. This includes any behavior that frightens, intimidates, terrorizes, manipulates, hurts, or humiliates someone.
Victims of domestic violence are entitled to the granting of an advance payment of compensation by the State where the offence of domestic violence, as provided for in Article 152(1) of the Criminal Code, has been committed in Portuguese territory, and the victim is placed in a situation of serious economic hardship as a result of that offence (Article 5 of Law No. 104/2009 of 14 September).
Victims of domestic violence may only request an advance of the compensation to be granted by the State after filing a criminal complaint against the aggressor.
The information provided does not replace consultation of the applicable legislation:
Law No. 104/2009 of 14 September, which establishes the framework for the granting of compensation to victims of violent crime and domestic violence;
Criminal Code;
Code of Criminal Procedure.
Para continuar deve preparar os documentos necessários.
2) Preparar os documentos necessários para submeter o pedido
To submit your compensation request as a victim of domestic violence, you should first review and gather the documents listed below.
Mandatory Documents:
- Victim’s identification document(s) [which include Civil Identification Number (CC or other), Tax Identification Number (NIF), and Social Security Number (NISS)]
When applicable:
- Identification document of the Applicant if they are not the Victim of the crime (which should include the Civil Identification Number)
- Identification document of the Legal Representative (which should include the Civil Identification Number)
- Judicial Order granting the status of Legal Guardian if the relationship between the Applicant and the Victim is one of Legal Guardianship
- Judicial Order regulating parental responsibilities if the Victim is a minor and the parents do not live together
- Judicial Order declaring that the Victim is under the Assisted Adult Regime if the Victim is in this situation
- Power of Attorney if the Applicant is acting as a Lawyer
- Judicial Order appointing the Applicant as Court-Appointed Defender if the Applicant is acting in this capacity
Other Mandatory Documents:
- Copy of the Criminal Complaint or the Prosecution Order or the Archiving Order
- Order decreeing the provisional suspension of the process, when applicable
- Documents proving the Victim’s income (income from work, unemployment benefits, family allowance, sickness benefits, Social Insertion Income, solidarity supplement for the elderly, old-age pension, disability pension, or social inclusion benefit)
Only documents in PDF format will be accepted.
To continue, you must complete the form (Step 3).
If you have been a victim of domestic violence, a trial has taken place, and a court decision has already been issued, deve reunir os documentos indicados abaixo.
2) Preparar os documentos necessários para submeter o pedido
To submit your compensation request as a victim of domestic violence, you should first review and gather the documents listed below.
Mandatory Documents:
- Victim’s identification document(s) [which include Civil Identification Number (CC or other), Tax Identification Number (NIF), and Social Security Number (NISS)]
When applicable:
- Identification document of the Applicant if they are not the Victim of the crime (which should include the Civil Identification Number)
- Identification document of the Legal Representative (which should include the Civil Identification Number)
- Judicial Order granting the status of Legal Guardian if the relationship between the Applicant and the Victim is one of Legal Guardianship
- Judicial Order regulating parental responsibilities if the Victim is a minor and the parents do not live together
- Judicial order declaring the victim under the Assisted Adult Regime if the victim is in this situation
- Power of Attorney if the Applicant is acting as a Lawyer
- Judicial Order appointing the Applicant as Court-Appointed Defender if the Applicant is acting in this capacity
Other Mandatory Documents:
- Tax income declaration of the Victim for the year prior to the crime, the year of the crime, and the year after the crime
Other Relevant Documents:
- Copy of the Court Judgment/Decision with the date it became final or Archiving Order
- Copy of the Judgment(s) from Higher Court(s) if an appeal was made
- Copy of the enforcement request (and its decision) if the sentence has already been enforced
- Certificate of Temporary Incapacity for work related to the injuries sustained as a result of the crime
- Documents proving material damages, psychological damages, and/or physical damages caused by the crime
- Documents proving the Victim’s income (income from work, unemployment benefits, family allowance, sickness benefits, Social Insertion Income, solidarity supplement for the elderly, old-age pension, disability pension, or social inclusion benefit)
Only documents in PDF format will be accepted.
To continue, you must complete the form (Step 3).
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