Domestic Violence Between Former Partners

Q: Does domestic violence apply if we had already separated?

Yes, subject to conditions. The post-2018 law covers violence between former spouses or former permanent partners who had cohabited. The decisive factor is whether there was stable, lasting cohabitation. If permanent cohabitation is disputed, a line of defence opens up. Otherwise, the act may be classified as simple bodily harm under the PK, an offence prosecuted only upon formal complaint.

Q: What should I do if I am arrested in flagrante delicto for domestic violence?

Contact a lawyer immediately before giving any statement. You have the right to silence. The lawyer will request an extension for the defence statement, gather evidence, witnesses and medical reports, and prepare the defence. An application may be submitted for plea bargaining or a conditional suspension of the prosecution under Law 3500/2006.

Q: What can I do if the complaint is false or exaggerated?

In cases involving former partners, exaggeration or false complaints due to outstanding disputes are common. The defence focuses on challenging the forensic medical report, contradictions in statements, and messages before and after the incident. If a false complaint is established, the way is opened for criminal prosecution for false denunciation and perjury, as well as for a damages claim.

Q: How long does the criminal procedure take?

In flagrante delicto, the trial takes place within hours or days, with the option to request an extension. With ordinary summons, the hearing before the Single-Member Misdemeanour Court is generally held within 6 to 18 months. An appeal has suspensive effect, and its hearing usually requires a further one to two years.

Q: What is the role of the lawyer in such cases?

The lawyer takes charge of the entire strategy from the outset: representing the defendant during the preliminary investigation, managing the defence statement, and assessing whether the conditions for application of the special statute are met or whether the act should be classified as ordinary bodily harm prosecuted upon formal complaint. Counsel seeks acquittal, a moderate suspended sentence, recognition of mitigating circumstances and, where appropriate, criminal mediation.

The law on domestic violence applied to former permanent partners who had cohabited (Thessaloniki Single-Member Misdemeanour Court 1873/2019).

This judgment illustrates the application of the domestic violence statute in cases of violence between former permanent partners, following the relevant amendment of the law in 2018 (after the Istanbul Convention). Prior to the Istanbul Convention, the law applied only to spouses.

The victim had been in a relationship for 5 years with the defendant, who had repeatedly been violent towards her. After they separated, she visited the home where they had been living in order to collect certain personal belongings. There, her former partner violently assaulted her, throwing her down the stairs and tearing her clothes. The defendant claimed that the woman had fallen from the stairs by herself and that she was the one who had caused the disturbance out of jealousy and alleged psychological problems.

The Court in this case applied the domestic violence statute to former permanent partners who had cohabited. Specifically, on the basis of the forensic medical report, the prosecuting authority found the defendant guilty of bodily harm, an offence which, in the absence of a formal complaint, would have led to the dismissal of the criminal prosecution as inadmissible. The defendant was ultimately sentenced to one year of imprisonment, suspended for three years.

See also our article on Flagrante Delicto Procedure
See also our article on Defamation
See also our article on Bodily Harm
See also our article on Divorce
See also our article on Removal from the Family Home
See also our article on Joint Custody of Children
See also our article on Child Maintenance — Methods of Collection
See also our article on Child Custody and Child Abduction
See also our article on Change of City for Minor Children

FREQUENTLY ASKED QUESTIONS ON DOMESTIC VIOLENCE BETWEEN FORMER PARTNERS

1. What sentence do I face for domestic violence against a former partner?

Following the incorporation of the Istanbul Convention in 2018, Law 3500/2006 also applies to former permanent partners who had cohabited. Domestic bodily harm is punishable by imprisonment starting from one year, with distinctions provided for simple, dangerous or grievous forms. In practice, the sentence is generally reduced significantly through the recognition of mitigating circumstances (prior law-abiding life, repentance, good conduct after the act — Article 84 of the Penal Code (PK)) and is suspended under Article 99 PK. In a recent case involving former partners, the court imposed a one-year sentence suspended for three years, without the defendant serving any actual imprisonment.

2. Does domestic violence apply if we had already separated?

Yes, but subject to certain conditions. The post-2018 law covers violence between former spouses or former permanent partners who had cohabited. The decisive factor is whether there was stable, lasting cohabitation rather than a casual relationship. If the existence of permanent cohabitation or the duration of the relationship is disputed, a significant line of defence opens up, since the application of the special statute aggravates the charge. Otherwise, the act may be assessed as simple bodily harm under the Penal Code (PK), which is an offence prosecuted only upon formal complaint, and the absence of such a complaint leads to the dismissal of the prosecution as inadmissible.

3. What should I do if I am arrested in flagrante delicto for domestic violence?

The first and most critical step is to contact a lawyer immediately, before giving any statement or defence statement. You have the right to silence, as well as the right to refrain from answering questions without legal representation. The flagrante delicto procedure is extremely fast, and hasty statements made at the police station are often used decisively in court. The lawyer will request an extension for the defence statement, gather evidence, witnesses and medical reports, and prepare the defence. At the same time, an application may be submitted for plea bargaining or a conditional suspension of the prosecution, where the requirements of Law 3500/2006 are satisfied.

4. What can I do if the complaint is false or exaggerated?

It is very common in cases involving former partners for there to be exaggeration or even false complaints due to outstanding disputes (property, child custody, revenge). The defence focuses on challenging the forensic medical report, contradictions in witness statements, the absence of eyewitnesses, and messages and communications before and after the incident. Where it is established that the complainant knowingly submitted false information, the way is opened for criminal prosecution against her for false denunciation and perjury, as well as for a damages claim for infringement of personality and moral damages.

5. How long does the criminal procedure take?

When the arrest takes place in flagrante delicto, the trial may be held within hours or days, with the option to request an extension of 48 hours up to three days for preparation. If the case is brought via ordinary summons, the hearing before the Single-Member Misdemeanour Court is generally held within 6 to 18 months from the filing of the formal complaint. In the event of conviction, the lodging of an appeal has suspensive effect, and its hearing usually requires a further one to two years. The exact timeframes depend on the workload of the competent court and the complexity of the case.

6. What is the role of the lawyer in such cases?

Defence counsel takes charge of the entire strategy from the outset: representing the defendant during the preliminary investigation, managing the defence statement, and assessing whether the conditions for application of the special domestic violence statute are met or whether the act should be classified as ordinary bodily harm prosecuted upon formal complaint. Counsel examines the authenticity and completeness of the forensic medical report, identifies contradictions in the complaint, and proposes witnesses and evidence. At the hearing, counsel seeks acquittal, a moderate sentence with suspension or conversion, recognition of mitigating circumstances and, where appropriate, criminal mediation leading to abstention from prosecution.