New figures show one-quarter of those taken into custody for violence are allowed home the following morning with no conditions on their behaviour, counter to an official zero-tolerance approach.
Experts said there had been cases of those accused going straight home and beating their partners again.
Police and other agencies are now looking at ways to change the current guidelines in a bid to protect victims.
Despite the expectation that no perpetrator would be allowed to go back to a victim who has just accused them, 24% of those held overnight are released the next morning as their cases are marked "no proceedings".
A study by Strathclyde Police found that, over a three-week period, 150 accused were taken into police custody overnight, but a quarter were released the next day by fiscals due to a lack of evidence.
Police, the Crown Office and support and advocacy agencies are now working to revise the guidelines to tackle the risks posed by abusers. They say neither the courts nor the Crown can be blamed because cases can only proceed where there is sufficient evidence.
Support groups for male victims of domestic abuse, which make up approximately 10% of victims, said it is vital that their needs are also taken into account.
Alison McInnes, the Scottish Liberal Democrat justice spokeswoman, said ministers need to create a taskforce to ensure victims brave enough to come forward are protected.
"This is worrying news which the Scottish Government must address," she said.
"They must convene a task force involving the police, Crown Office and support and advocacy groups to remedy this and ensure that victims can trust the system.
"It is clear that bail conditions need to be strengthened and that the safety of victims must be paramount throughout the custodial process."
The system is currently under review by police, fiscals and support groups to try to impose conditions on the accused and change their behaviour.
This could include enhanced police bail conditions and courses to tackle problems with alcohol and aggression.
Lewis Macdonald, Labour Justice spokesman, said: "There needs to be much faster access to justice for victims, and better protection for those in even the slightest risk."
Alison Johnstone, Green MSP for Lothian, said: "We must strive for an end to violence in the home."
The Solicitor General, Lesley Thomson, QC, said a network of dedicated domestic abuse prosecutors appeared on behalf of the Crown in specialist domestic abuse courts in Glasgow, Edinburgh, Livingston, Dunfermline and Ayr.
The Crown believes the removal of corroboration will allow more cases to reach the courts.
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