Retired prosecutor calls for reform of domestic violence case suspensions to protect victims
A retired Portugal prosecutor told parliament that provisional case suspensions in domestic violence matters are being applied incorrectly, leaving victims at risk. Rui do Carmo, former coordinator of the Retrospective Analysis Team on Homicide in Domestic Violence, testified before the Assembly of the Republic on proposals to strengthen protections for victims.
What the magistrate proposed
Carmo called for a new mandatory hearing presided over by a prosecutor or judge, depending on the procedural phase, whenever a victim requests a provisional suspension. The session would include the victim's lawyer and a victim support technician. The goal: ensure the victim understands the conditions, requirements, and consequences before confirming any request.
According to the former coordinator, the victim would confirm or withdraw the request after being personally informed about the process. If the magistrate deems the decision voluntary and informed, the official would explain the injunctions and conduct rules to be imposed on the defendant — rules on which the victim would also have the right to comment.
Carmo said this approach would allow victims to maintain autonomy while making informed decisions about the criminal process.
'A generally wrong judicial practice'
The retired magistrate acknowledged that provisional suspensions are applied in many cases where they should not be. He described what he called a "generally wrong judicial practice" in applying the measure.
Among the errors, he highlighted that conduct rules imposed on defendants during suspension are often poorly adjusted to the gravity of the conflict. He also criticized the transfer to police of responsibilities that belong to the Public Ministry in contacting domestic violence victims.
Under Portuguese law, provisional suspension is a pre-sentencing measure that can avoid trial. It requires the victim's free and informed consent in domestic violence cases. The suspension can last up to two years, or exceptionally five years in domestic violence matters. Injunctions may include no-contact orders, proximity prohibitions monitored by electronic surveillance, mandatory programs for offenders, and psychological treatment.
Other voices at the hearing
The director of the National Observatory on Violence and Gender, Manuel Lisboa, told the Subcommission for Equality and Non-Discrimination that the proposed legislation gives relevant attention to minors, which represents "prevention for the future." Leaders from the Institute of Social Security also testified.
The bills under discussion include a government proposal and several projects approved in general terms on February 20, 2026.
Support reaching victims
Separate data shows that 928 domestic violence victims received the Family Restructuring Subsidy since 2022, according to reporting by news agency Lusa. The benefit supports victims forced to leave their homes due to abuse.
To qualify, victims must hold the status of victim of domestic violence, granted by judicial authorities, criminal police bodies, or the Commission for Citizenship and Gender Equality (Comissão para a Cidadania e a Igualdade de Género). The subsidy covers workers, independent professionals, statutory body members, and those without employment ties. It can last up to 10 consecutive days, with daily amounts based on net base remuneration. For those outside the social protection system, the calculation uses the Social Support Index (Indexante dos Apoios Sociais), which in 2026 stands at €537.13 per month — roughly equivalent to half the monthly minimum wage.
Portuguese police recorded significant activity in the first quarter of 2026. Between January and March, the Polícia de Segurança Pública logged 3,725 domestic violence occurrences and made 433 arrests, while confiscating 99 weapons in domestic violence contexts.
What changes for victims in Portugal
The reform proposals aim to ensure victims are not pushed into suspensions without understanding the risks or the conditions that should protect them. If adopted, victims would have a face-to-face session with a magistrate, legal counsel, and support staff before any decision takes effect — a shift meant to prevent cases where the wrong procedural path leaves victims exposed to further harm.
