Defence against Domestic Violence Allegations in Greece

This page is for a person who has been reported for domestic violence in Greece and is now the accused. It explains the fast-track procedure that usually follows the report, the restrictive conditions a judge can impose, the possibility of penal mediation and what an English-speaking defence lawyer does.
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About Defence against Domestic Violence Allegations in Greece

If you have been reported for domestic violence in Greece, ενδοοικογενειακή βία (endooikogeneiaki via), you are the accused in a case governed by a special law, and the words used about it, domestic violence allegations, domestic violence charges, being arrested for domestic violence, all describe the same procedure. Some older lists and lawyer pages call this service “Cases of Alleged Domestic Violence”. The law covers spouses and partners, former spouses and partners, cohabiting couples and other family members, and applies to men and women alike. A person who is at risk finds a separate page on restraining orders; this page speaks only to the person accused. It is information, not legal advice.

Who needs this

A resident taken from home by the police after a call from a partner or a neighbour; a person who learned of a complaint when a summons arrived; a parent whose separation has turned into mutual accusations; and a foreigner whose residence permit depends on the marriage now in dispute.

What happens after the report

Reports of domestic violence are usually handled under the fast-track procedure, αυτόφωρο (aftoforo): the police arrest the person, open a preliminary investigation (προανάκριση) and bring the person before the prosecutor (εισαγγελέας) within a short, fixed time. The prosecutor can send the case to court at once, adjourn it, or pass it to the investigating judge. Instead of custody the judge normally imposes restrictive conditions, περιοριστικοί όροι: a ban on approaching (απαγόρευση προσέγγισης) or contacting the other person, leaving the family home, reporting to a police station. Separately, the other person can ask the civil court for interim measures (ασφαλιστικά μέτρα) about the home and the children.

Penal mediation

Greek law offers a route that other countries do not: for misdemeanours of domestic violence, penal mediation (ποινική διαμεσολάβηση) allows the case to end if the accused undertakes not to repeat the conduct, attends a counselling programme and compensates the other person, and the undertaking is kept. It requires the other person's agreement and the prosecutor's decision, and a recent reform allows it to start already during the police investigation. The same reform tightened the law in other respects, so what applies in a given case is confirmed by a lawyer.

What an English-speaking lawyer does

The lawyer attends the first questioning with an interpreter, advises whether to ask for an immediate hearing or an adjournment, argues for the lightest restrictive conditions, assesses whether mediation is available and wanted, gathers the evidence of what really happened, and represents the client at trial and in the parallel family proceedings. Accusations that involve an injury are also described under assault charges; the children's situation is handled under child custody disputes; after the case, a criminal record certificate may be needed. More on criminal law in Greece.

Questions and answers

Can the other person withdraw the complaint?

Domestic violence is prosecuted by the state, so a withdrawal does not end the case by itself; it does matter for the prosecutor's decisions and for mediation.

Can I see my children while the conditions are in force?

A ban on approaching the other person does not automatically cover the children, but contact is often arranged through the family court; a lawyer asks for the conditions to be worded clearly.

What if I breach a restrictive condition?

A breach can lead to detention and is itself an offence. If a condition is unworkable, the way to change it is an application to the judge, not ignoring it.

Will this affect my residence permit?

A conviction can; an accusation alone usually does not. Where the permit depends on the spouse, an immigration lawyer is involved early.

2 lawyers who provide Defence against Domestic Violence Allegations in Greece

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

  • Despina, lawyer in Athens

    Despina

    Lawyer · Athens, Greece

    • 251 cases handled · 1 in this service
    • 18+ years in practice
    • Speaks: English, German, Greek
    • Law, Athens University of Law
    • 4.95(12 reviews)
    Contact Despina
  • Konstantinos, lawyer in Athens

    Konstantinos

    Lawyer · Athens, Greece

    • 28 cases handled
    • 11+ years in practice
    • Speaks: English, Greek
    • Degree in Law, National & Kapodistrian University of Athens
    • 5.00(1 review)
    Contact Konstantinos
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