One of the fastest legal protections available to a person exposed to violence or its threat is a restraining order. Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women grants this protection not only to spouses but also to family members, those living together, divorced spouses and victims of one-sided persistent stalking. The most important feature of the decision is that it can be issued very quickly: the law requires preventive measures such as a restraining order to be ordered without delay, and for protective measures directed at the victim no evidence or document that violence occurred is required. Violence is not only physical; verbal, economic, psychological and sexual violence are also within the scope of the law.
Who can apply, and where? #
Anyone who suffers violence or is at risk of it may apply. Retaining a lawyer or drafting a petition is not compulsory; the application may be made in person and orally to the following authorities:
- Law enforcement (police/gendarmerie): The most practical route, especially in emergencies. Where delay would be prejudicial, the senior officer takes certain measures and submits them at once for the judge's approval; protection can thus be provided even at night or at the weekend.
- Administrative authority (district/provincial governor): For protective measures such as shelter, temporary financial assistance, childcare support and the concealment of identity information.
- Family court judge: For preventive measures, above all a restraining order.
- Public prosecutor's office and the Violence Prevention and Monitoring Centre (ŞÖNİM): For referral and follow-up.
The law expressly provides that no evidence or document that violence occurred is required for a protective measure to be ordered (art. 8/3). That wording does not appear for preventive measures such as a restraining order; but since those decisions too must be made without delay, an inability to submit concrete documents, a medical report or a witness is in practice often no obstacle, and the judge may consider the victim's account sufficient. Even so, attaching any messages, photographs or reports to the application makes the decision easier.
Which measures are ordered? #
The law provides for two groups of measures: preventive measures directed at the person applying violence, and protective measures directed at the victim. The most frequently ordered are:
- Immediate removal of the person applying violence from the joint dwelling, and allocation of the dwelling to the victim.
- Not approaching the victim, the children, those living in the same home or relatives; not approaching places such as school and the workplace.
- Not making contact by any means, including telephone, message, e-mail and social media.
- Surrender of any weapon to law enforcement — even a weapon carried by reason of public duty.
- Where violence is applied under the influence of alcohol or drugs, not using these substances and, where necessary, undergoing examination and treatment.
- Ordering temporary maintenance for the victim and the children.
How quickly is the decision issued, and how long is it valid? #
The preventive measure decision is issued without delay and, as a rule, without the need to hear the other party in advance; the aim is to stop the danger without waiting. Even if no period is stated in the first decision, in practice the measure is applied for up to six months. If the need for protection continues, on an application made before the period expires the measure may be extended or amended. A copy of the decision is served on the parties and on law enforcement, which is charged with monitoring whether the measure is being applied.
What happens on breach? Coercive detention #
Breach of a restraining order is not an ordinary irregularity. On breach the judge orders coercive detention even if the act also constitutes a crime: three to ten days on the first breach; fifteen to thirty days on each repetition of non-compliance with the measure. This sanction is the real guarantee that prevents the decision from remaining on paper. For this reason every breach — a message, a call, approaching the home — must be recorded with its date and time, any witness identified, and reported to law enforcement at once. Breaches that are not evidenced often go without consequence.
If conduct contrary to the order goes together with physical violence, an investigation for intentional injury also runs independently of the coercive imprisonment; the details are in our article on the penalty for intentional injury.
Relationship with divorce proceedings #
Protection under Law No. 6284 is entirely independent of divorce proceedings; those who are not married, and without bringing an action, can also benefit from it. In many files, however, these measures are also the first step of a divorce process to be brought or already under way, and they shed light on the assessment of fault in that process. We addressed the whole process on our divorce and family law pages. The scope and duration of the measure are always determined according to the features of the specific case.
What should the application say and which documents should be attached? #
It is not compulsory to submit evidence for the application; the law expressly provides that the judge may decide without requiring evidence or documents. A concrete account, however, widens the scope of the measures granted.
What it helps to include in the account #
- The date and place of the last incident and how it unfolded, with a short list of earlier incidents.
- The address, workplace, vehicle and, if known, telephone numbers of the person using violence — these are needed for the measures to be enforceable.
- The persons for whom protection is sought: children, relatives living in the same home, witnesses.
- Concrete requests: removal from the home, no contact, not approaching the workplace, surrender of weapons, contact with the children only in the presence of an accompanying person.
Documents to attach if available #
A hospital report showing marks of assault and force, message and call records, witness details, earlier orders and any complaint records may be attached. Failure to submit documents does not lead to rejection of the application; but these records become important in the process that follows any breach.
Objection to the order and its extension #
Orders under Law No. 6284 are not one-sided; routes are open both for the protected person and for the person against whom the measure is applied.
Objection #
An objection may be made to the family court within two weeks of pronouncement or service. The objection does not of itself suspend the application of the order. The court examines the file, hears the parties if necessary, and decides within one week at the latest; that decision is final.
Extension and variation #
If the danger continues as the period of the measure is about to expire, the protected person may apply again for the measure to be extended. Since extension is not automatic, the application must be made before the period ends. If circumstances have changed, the type and scope of the measure may also be varied; for example, contact with the children may be ordered to take place in the presence of an accompanying person, or to be lifted.
Confidentiality of identity and address #
The judge may order that the protected person’s identity and address details be kept confidential; where such an order is made, the information is placed in the file in a sealed envelope and is not disclosed to the other side. This protection is particularly important for people placed in a shelter.
Children and maintenance: additional measures under Law No. 6284 #
A protection order is not confined to removal from the home. The law provides for measures that also keep the protected person economically on their feet:
- Interim maintenance: The judge may award maintenance for the protected person and any children without a divorce case having to be brought. If it is not paid, it goes to enforcement like any maintenance.
- Temporary custody and contact: A temporary custody arrangement may be made for the children; contact between the person using violence and the child may be restricted or made subject to an accompanying person.
- Health and shelter support: Being taken into temporary protection, placement in a shelter, nursery facilities and guidance services may be ordered.
- Change of workplace and school registration: On the protected person’s request an order may be made for a change of workplace or transfer of the child’s school registration.
For maintenance and custody to be regulated permanently a separate action must be brought in the family court; the measures under Law No. 6284 are temporary in nature. We deal with the types of maintenance in divorce proceedings in our maintenance guide and with custody arrangements in our article on custody cases.
Points to watch in practice #
Whether the protection works depends not only on obtaining the decision but also on correctly conducting what follows. The most common problems and suggestions are:
- Track the period: Before the measure period expires, if the need for protection continues, request an extension; remember that it does not renew automatically.
- Document every breach: Note the date and time of every breach — a call, a message, approaching the home — keep screenshots and report it to law enforcement at once. Undocumented breaches often go without result.
- Address and workplace: You can ask the administrative authority for a measure so that your new address and workplace remain confidential.
- For the children: State the request expressly so that the arrangement for personal relations (contact) does not clash with the protective measure.
These steps ensure that the protection on paper actually works in daily life; otherwise the measure often remains ineffective.
This content is for general information only; it does not replace legal advice on a specific matter. Periods and conditions may change according to the legislation in force.
