Judge rectifies and admits Zapatero's petition to quash the case

A Spanish court has rejected a request by prosecutors to keep the children of a murdered woman away from her, despite the ongoing investigation into domestic abuse allegations against her. The decision was made after the woman, who had been detained two weeks prior for alleged mistreatment of her two young children, was found dead in her home in the Sant Martí district of Barcelona on Tuesday. Prosecutors had sought to distance the children from their mother as part of protective measures, but the judge denied the request. The victim, a Brazilian national, was killed by her partner, a Dominican man, during an attack at her residence on the street of Andrade. The police were called to the scene around 7:47 p.m. local time, responding to reports of a violent incident inside the house. According to authorities, the suspect fled the scene in a vehicle that later turned up burned in the Sant Andreu neighborhood. At least one of the two minor children was present during the attack, while the other was reportedly still at home. The suspect, who is currently under police custody at Les Corts police station, surrendered early Wednesday morning. He is awaiting judicial proceedings, which are scheduled to begin on Friday. The victim had previously been arrested two weeks earlier on suspicion of abusing her two children, aged eight and four. During that period, prosecutors had requested protective measures for the minors, including keeping them separate from their mother. In a statement issued Thursday, the Specialized Section for the Protection of Vulnerable Individuals (SEPV) within the Barcelona Prosecutor’s Office outlined its actions in the case. It stated that its efforts were focused solely on protecting the children, with no indication that other forms of violence within the couple's relationship were being investigated. The SEPV conducted an independent assessment of available evidence and concluded that there were still elements suggesting the need for protective measures. Prosecutors expressed concern over the potential risks to the children, citing the family environment as potentially harmful to their safety and well-being. As a result, they supported the father’s request to prevent the mother from being near the children. Additionally, the prosecutor’s office asked social services to provide alternative housing for the mother, who did not have another place to live, to ensure the children would not remain in a potentially dangerous living situation. However, the judge ruled against these precautionary measures, leading the prosecutors to file an appeal, arguing that the risk to the children remained. This appeal was not resolved before the tragic event occurred. The court’s decision highlights the complex legal considerations surrounding cases involving domestic abuse and child protection, especially when the accused and the victim are directly related. The incident underscores the challenges faced by law enforcement and judicial systems in balancing the rights of individuals with the welfare of vulnerable groups such as children. The case continues to unfold, with further legal steps expected as the investigation progresses.