PROTECTIVE ORDER DEFENSE · SPD ADVOCACIA
Served with a protective order? You have the right to a defense
The order applies from the moment you are served and must be followed strictly. At the same time, the Brazilian Constitution guarantees the right to be heard: you can present your side, ask for the order to be reviewed and defend yourself in the proceedings, in confidence.
WHAT TO DO NOW
Three rules that protect your defense
Comply fully
Breaching a protective order is a crime, punishable by 2 to 5 years of imprisonment and a fine (art. 24-A of Law 11.340/2006, as amended by Law 14.994/2024).
Do not make contact
Not by message, through third parties or on social media. Even if the other party contacts you, the order remains in force until the judge decides otherwise.
Keep the evidence
Messages, emails, audio recordings, documents and names of witnesses that show the facts. A defense is built on organized evidence.
HOW THE ORDER WORKS
Quick to protect, open to review when the facts do not hold up
The order can be granted right at the start, without a police report or a court case (art. 19, § 5, of Law 11.340/2006), and remains in force while there is a risk (art. 19, § 6). That is why legal defense and evidence matter: they are what allow you to ask for review or revocation when reality is different.
Review of the decision
We check what was ordered, the deadlines and the risks, so you know exactly what you can and cannot do.
Review of the order
A request to the judge for review, adjustment or revocation, with evidence of your version of the facts.
Children and contact
When the order affects contact with your children, visitation can be regulated the proper way, in the Family Court.
Defense in the proceedings
Representation in the police investigation and in the criminal case, if there is one, from the statement to the judgment.
A WORD ABOUT RESPECT
FREQUENTLY ASKED QUESTIONS
Common questions
Can the order be reviewed?
Yes. The judge can review the order when circumstances change or the facts are not confirmed. The request is made by a lawyer, in the same case, with evidence.
Can I see my children?
It depends on what the decision set. Contact must follow the decision exactly, and visitation can be regulated in court. Never try to sort it out on your own.
What if she contacts me?
Do not reply and keep a record. The order remains in force until the judge decides otherwise, and contact may be treated as a breach.
Is my conversation with the firm confidential?
Yes, entirely. Everything you tell us is protected by attorney-client confidentiality, even if you decide not to hire us.
Need guidance now?
Talk to the team on WhatsApp, in confidence and without judgment.
Informational content, in accordance with Provision 205/2021 of the Brazilian Bar Council (CFOAB). Each case requires individual analysis, and nothing here is a promise of results. Updated in September 2026.