Protective Measures and Restraining Order

The Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women, which aims to protect everyone who is subjected to violence or is at risk of being subjected to violence, regulates the ways in which these individuals can apply for protective orders. Violence, as defined in the law, refers to attitudes and behaviors that result in harm to a person in physical, sexual, psychological, and economic terms. As can be understood from this, everyone can be a victim of violence as well as a perpetrator of violence. The purpose of the law is not only to protect victims of domestic violence but also children and family members who are subjected to violence, and victims of stalking.

The law regulates two types of measures: protective and preventive. It is important to note that preventive measures (e.g., restraining orders) can only be issued by a judge. Protective measures, on the other hand, can be issued by the local administrative authority, and even by law enforcement officers in cases where delay would be detrimental. Protective measures are primarily important for helping victims of violence establish a new life, reintegrate into society, and in some cases, participate in the economic sphere. Preventive measures, fundamentally, aim to prevent further harm.

To explain Article 8 of the law regulating the issuance, notification, and confidentiality of protective orders; the first point to note is that no evidence or document proving the occurrence of violence is required for the issuance of the order. Therefore, it is sufficient for the victim to apply to the competent authority. Although protective orders are initially issued for a maximum of 6 months, this period may be extended or modified depending on the specifics of the case. In necessary cases – and this is often the case – information such as the identity and address of the protected person and their family members is recorded confidentially.

• Protective Measures That Can Be Taken by the Local Administrator:
  • Providing shelter for the protected person and, if necessary, their children
  • Providing temporary financial assistance
  • Guidance and counseling services in psychological/vocational/legal/social areas are provided as needed
  • If there is a life-threatening situation, temporary protection will be provided
  • If the protected person has children, childcare facilities should be provided for their children to prevent them from being deprived of their working life
• Protective Measures That the Judge Can Impose:
  • Changing the protected person's workplace
  • If married, allocating a separate residence from the shared residence
  • In compliance with legal regulations and upon the person's request, a family home annotation can be placed
  • With consent and in compliance with legal regulations, the identity and related information and documents of the protected person may be changed if it is not possible to eliminate the life-threatening danger by other means
• Preventive measures a judge can take regarding perpetrators of violence:
  • Refraining from threats of violence, insults, humiliation, or degrading words and actions directed at the victim
  • Immediate removal from the shared residence or current location and allocation of the shared residence to the victim
  • Not to approach the protected person's workplace, school, or home
  • The decision regarding establishing personal contact with the child may be modified to include a chaperone during the visit, restrictions on personal contact, or the decision may be revoked entirely
  • The protected person's relatives, witnesses, and children (except for decisions regarding establishing personal relationships) are prohibited from being approached, even if the protected person has not been subjected to violence
  • Not to damage the protected person's personal and household belongings
  • The protected person should not be harassed through communication devices
  • Even if possession and carrying of weapons are legally permitted, they must be surrendered to law enforcement
  • A public official who is required to carry a weapon must surrender the weapon he possesses due to his duty to his institution
  • The person must not consume alcohol or drugs; if they do, they must not approach the protected person or their relatives. If addiction is present, the person must receive treatment
  • Seeking examination or treatment at a healthcare facility and receiving treatment