4. Protection for domestic violence victims and relief granted | Greece | Fighting Domestic Violence

4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Yes. Law 3500/2006 provides that in cases of domestic violence, the court can order the offender's removal from the family residence. The court can also prohibit the offender from approaching the residence or working area of a person who asks for these measures to be taken. The offender can also be forbidden from approaching the residences of the victim's close relatives or children's schools.

4.1.2 Who can petition for civil protection orders?

Typically, the petitioner is the victim/complainant (a complainant is any person who is personally violated). However, an organization or authority that aims to support the victim can also apply for a civil protection order on behalf of the victim.

4.1.3 Are there temporary custody of a child or child support orders?

Yes, the court will determine this as part of the content of the civil protection order, as well as the rules regarding communication with the child.

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes, Article 15 of Law 3500/2006 makes provision for this. See Section 1 regarding interim measures.

4.1.5 Are there any other types of emergency, preventive and civil protection orders?

Yes, a civil protection order may include a restriction order, temporary order and/or interim injunction order.

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Yes, certain types of organizations can request a protection order on behalf of a child.

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

Short-term orders include temporary and interim injunction orders. These are issued when a danger/risk is present and the situation is urgent. Hearings for such orders can be scheduled on any day and at any hour; the process is short and immediate.

4.1.8 Are ex parte orders permitted without the aggressor being present?

As a rule, the aggressor is called and heard by the court. Only in exceptional and urgent cases, when there is a possibility of immediate danger/risk is present, will the court decide to grant a civil protection order without the aggressor being present.

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

The abuser must leave the family home and stay away from the family home and the children, if applicable. The abuser may also be forbidden from approaching the residences of close relatives or children's schools. Children (under 18) are regarded as victims of domestic violence even where the act was not directed at them but they were present during the performance of the act of violence.

4.1.10 How long do the orders last?

Emergency orders issued under Article 18 of Law 3500/2006 automatically cease after the issuance of the final decision of the relevant court or, if the case is filed in the criminal mediation procedure, on the order of the prosecutor with which the case was filed.

4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.

Survey data results show that, after the age of 15, 1 in 4 women in Greece have experienced physical and/or sexual violence and 25% of people in Greece know a female victim of domestic violence within their circle of friends and family.^[18]

Greek police have released chilling statistics that reveal that more than 13,700 cases of domestic violence — overwhelmingly against women — were recorded between 2013 and 2017. The Athens-Macedonia News Agency reported a police source that indicated that in 2017 there were 3,134 cases of domestic violence involving 4,234 victims. Women made up 70% of these victims, the source added, with the number of females killed in such assaults being double that for men.^[19]

Please also see the following:

4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?

The victim must sign an affidavit detailing the relevant abuse. If the court finds the victim is in danger or harm, they will initially be granted a temporary order of protection (ex parte order). Thereafter, the court will set a hearing date, at which hearing the court will consider the imposition of a full protection or restraining order.

The victim must produce proof in the form of photographs, emails, text messages or any other physical evidence that can support the claim.

4.2.2 Does the victim need to attend a hearing?

No, the victim may be represented by their legal counsel. However, the victim will always be informed of the content of the relevant protection order. A copy of the order will be sent to the victim by the court's bailiff.

4.2.3 Can you request remedies?

Yes. Article 57(1) of the Civil Code provides for the generic legal right where if an individual's personality is violated, they have the right to demand for that violation to stop and for it to be avoided in the future. This law provides protection for this substantive right, but it does not define the specific measures of protection that a court can grant.

The court can use this provision to impose temporary orders of protection or injunction orders in cases of emergency and to avoid the risk of danger to the individual requesting them. These orders will be aimed at protecting certain rights or regulating a specific situation. For example, they can be used to prohibit an individual from entering the victim's residence.

Article 15 of Law 3500/2006 includes specific provisions that aim to deal with spaces where domestic violence takes place. These provisions allow the court to order: (a) the offender to stop threatening the victim; (b) a ban on any kind of communication between the offender and the victim; and (c) a ban on the offender coming within a certain distance of the victim (i.e., a no-contact order). The court is not limited to these measures, rather it is the legislation's attempt to approximate spaces where domestic violence often takes place (i.e., the victim's residence, workplace, other relative's residences, schools and shelters) and preempt possible remedies.^[20]

4.2.4 Are there time limits?

Victims of crime in Greece have five days to report the crime; if the crime is not reported in this period, victims are not eligible for compensation.

4.2.5 Are there different rules in emergencies?

Yes. If the case is urgent because there is a risk of immediate danger, the court will hear the case without the offender being present.

4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

There are no legal limitations; the court has the freedom of judgment and can decide on the scope of protection depending on the situation.

4.3.2 Are there age limits on who can obtain orders?

No.

4.4 Restitution and remedies available to victims

4.4.1 Can victims obtain reimbursement for costs and restitution paid?

We have been unable to locate information on costs.

Concerning restitution, Law 3500/2006 provides that in criminal cases, an award of damages may be made in cases where the victim has suffered mental distress because of the abuser's actions and such damages cannot be less than EUR 1,000.

Additionally, victims may use criminal proceedings to claim monetary compensation from the offender for the damages they have suffered because of the crime. To do so, the victim must become a civil claimant by submitting a declaration to the prosecutor or police officer in charge of the case. Usually, this is done either after reporting the crime or later at any time until the end of the investigation, and it can be done when the victim is interviewed as a witness or separately. The declaration must contain a short description of what happened and why the victim wishes to become a civil claimant. A lawyer must be appointed to represent the victim if the victim's residence is in a place different from the location of the court that will examine the case. Without this information, the claim will not be examined.

Compensation may cover financial losses associated with physical damage resulting from the violent crime; this includes medical fees, loss of income and funeral costs. However, psychological damage and trauma resulting from the crime are not compensated. Victims of crime in Greece have five days to report the crime; if the crime is not reported in this period, victims are not eligible for compensation.

For victims of domestic violence and other intentional crimes such as child abuse, if the offender lacks the means to provide compensation for their crime(s) or if the offender remains anonymous, under the Compensation Directive 2004/80/EC, the state of Greece is obliged to provide compensation to victims of such crimes. An application form is required for processing compensation claims and this must be completed in Greek. The Hellenic Compensation Authority processes claims for compensation.

4.4.2 Can they recover wages and profits lost?

Yes.

4.4.3 Is a separate civil process required?

Yes. Please see above.

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