Decision Number: 452/2024

(Application Filing No.: _____(A)____)

(Application Filing No.: (B))

THE SINGLE-MEMBER COURT OF FIRST INSTANCE OF CHALKIDIKI

(Interim Injunction / Provisional Remedies Procedure)

COMPOSED OF Judge _______________, President of the Court of First Instance, designated by lot.

Held a public hearing in its courtroom on _______________, without the participation of a Registrar, to adjudicate the case between:

THE APPLICANT: _______(A)_____, residing in _________________, Tax ID (AFM): ___________, appearing with her authorized attorney-at-law Angeliki Karoni of the Chalkidiki Bar Association (Reg. No.: 093).

THE RESPONDENT: ________________, residing in ______________, Tax ID (AFM): _________, appearing with his authorized attorney-at-law _______________ of the Thessaloniki Bar Association (Reg. No.: ______).

THE APPLICANT: (B), residing in ______________, Tax ID (AFM): _________, appearing with his authorized attorney-at-law _______________ of the Thessaloniki Bar Association (Reg. No.: ______).

THE RESPONDENT: _____________, residing in _________________, Tax ID (AFM): ___________, appearing with her authorized attorney-at-law Angeliki Karoni of the Chalkidiki Bar Association (Reg. No.: 093).

The female applicant filed before the Single-Member Court of First Instance of Chalkidiki the application dated (A)_, a copy of which was deposited with the Registry of this Court under Filing Number _________, and was set for hearing on _________ and, following an adjournment, for the hearing date indicated at the beginning hereof.

The male applicant filed before the Single-Member Court of First Instance of Chalkidiki the application dated (B), a copy of which was deposited with the Registry of this Court under Filing Number ___________ and was set for the hearing date indicated at the beginning hereof.

DURING THE HEARING in open court, during which the above case was called in due course from the relevant docket, the attorneys-at-law representing the parties presented their arguments and requested that they be accepted.

HAVING EXAMINED THE CASE FILE

AND CONSIDERED IN ACCORDANCE WITH THE LAW

In application filing no. (A), the applicant states that the parties entered into a lawful marriage on ________ in _________ and had two children, who are now adults. She states that due to dangerous behavior by the respondent, which led her to file for divorce, she is at risk and that an urgent need exists for interim measures ordering the respondent’s removal from the marital home to prevent further incidents against her. By this application, she seeks an order compelling the respondent to relocate from the marital home and assessing legal costs against him.

With this factual background and prayer for relief, the application is competently and admissibly brought for hearing before this Court pursuant to Articles 682 et seq. of the Code of Civil Procedure (CCP), is lawful as founded on the provisions of Articles 686 et seq., 731, 732 CCP, and Article 1393 of the Greek Civil Code (GCC), and must be examined on its merits.

In application filing no. (B), the applicant states that the parties entered into a lawful marriage on __________ in __________ and had two children, who are now adults. He states that due to abusive conduct by the respondent and her attempt to portray him to the authorities as a violent husband, he is at risk and that an urgent need exists for interim measures ordering the respondent’s removal from the marital home to prevent further incidents against him. By this application, he seeks an order compelling the respondent to relocate from the marital home and assessing legal costs against her.

With this factual background and prayer for relief, the application is competently and admissibly brought for hearing before this Court pursuant to Articles 682 et seq. CCP, is lawful as founded on the provisions of Articles 686 et seq., 731, 732 CCP, and Article 1393 GCC, and must be examined on its merits, joined with application filing no. (A) (Article 246 CCP).

From the examination of the witnesses lawfully produced by the parties and from the documents adduced and relied upon, the Court finds the following facts to be probable: The parties entered into a lawful marriage on _______ in _________, from which they had sons currently aged ______ years. From the beginning of the marriage, the husband was quick-tempered and irritable, causing marital incidents directed at his wife, attributed either to financial problems or alcohol consumption. As a consequence of this situation, the wife filed a divorce action under filing no. ________________ before the Court of First Instance of ___________, which provoked a reaction from the husband.

The husband claims that the wife exhibited aggressive behavior toward him, culminating on ____________ when, during a heated dispute, she attacked him and tore his shirt, leading him to issue an extrajudicial protest dated ___________, served upon her on ___________. However, the Court finds it probable that the incident did not occur as described by the husband, but rather that a confrontation arose as soon as he was informed of his wife’s divorce action.

Within this atmosphere of tension, another altercation occurred on _________, leading the wife to file a complaint at the ___________ Police Station on the same day regarding the husband’s behavior, an incident recorded in the police logbooks (see submitted copies of the incident logbook of the ___________ Police Station). Later that same day, the tension escalated into physical violence against the wife by the husband, resulting in trauma to her right eye and a scleral hematoma (see medical certificate protocol no. _____________ from the Health Center of ____________ and document protocol no. ______________ from the police logbook of the ___________ Police Station).

Following these events, the wife temporarily vacated the family residence and was accommodated by a family of friends; she did not lease a residence for a monthly rent of 300 euros, as unsubstantiatedly asserted by the husband, who provided no supporting evidence. Furthermore, during this period, the wife receives unemployment benefits, as the husband withdrew the full sum of ________ euros held in their joint bank account at ___________, which constituted proceeds from the sale of co-owned property in __________. For this reason and to meet her subsistence needs, she withdrew the sum of _____ euros from their joint bank account at ____________.

Based on the foregoing facts, the Court concludes that, given the specific circumstances that have arisen and in order to prevent further deterioration of the parties’ relations and unpredictable situations, the temporary removal of the husband from the marital home and the sole occupancy thereof by the wife is warranted. Consequently, a lawful basis exists to order the temporary relocation of the husband from the marital home. Therefore, the application filed by the wife under filing no. (A)_ must be granted as substantively well-founded as specified in the operative part below, and application filing no. (B) must be dismissed. Finally, court costs between the parties should be offset due to their spousal relationship (Article 179 CCP).

FOR THESE REASONS

JOINTLY ADJUDICATES application filing no. (A)_ and application filing no. (B)_ in contested proceedings.

DISMISSES application filing no. ____(B)_____.

GRANTS application filing no. (A).

AWARDS to the applicant the use of the parties’ family home in ______________ and ORDERS the respondent’s relocation from the marital home.

OFFSETS legal costs between the parties.

CONSIDERED, RESOLVED, AND DELIVERED in an extraordinary public hearing in its courtroom, in the absence of the parties and their counsel, in Polygyros on December 3, 2024, in the presence of Registrar _______________.

THE PRESIDENT

THE REGISTRAR