SAMPLE REQUEST FOR A RESTRAINING ORDER (FOR WOMEN AND MEN)

TO THE JUDGE OF THE ISTANBUL …… FAMILY COURT

FILE NO :

REQUESTER : XX

REPRESENTATIVE : Attorney Ferhat KÜLE - Kartaltepe Mahallesi, Süvari Caddesi
TORKAM E-5 Residence A/21

REQUESTED : XY

SUBJECT:This is a request for the implementation of necessary protective and preventive measures in accordance with Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women.

EXPLANATIONS

Although restraining orders were introduced into our legal system by Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women, no distinction is made between men and women for the victims. Furthermore, the victim's religion, marital status, or sexual orientation do not alter the decision to issue a restraining order. Moreover, violence is not limited to physical acts; economic or psychological violence can also be grounds for restraining orders.

1. The purpose of Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women is to regulate the procedures and principles regarding the measures to be taken for the protection of women, children, family members who are subjected to violence or are at risk of being subjected to violence, and victims of unilateral persistent stalking, and to prevent violence against these individuals. In line with this purpose, and within the scope of this Law, it has become necessary to submit this request for protective measures due to my client being at risk of being subjected to violence and being a victim of unilateral persistent stalking. Specifically:

2. My client has been experiencing severe marital discord with her spouse, with whom she is in the process of divorce, for many years, and has been subjected to psychological abuse as mentioned in our response. Because she is in the process of divorcing her spouse and wished to avoid disrupting the lives of their five children, she voluntarily took her belongings and left the house. While she does not return home and tries not to negatively impact the peace of her spouse and children, she unfortunately cannot maintain the same level of order for herself.

3. As can be seen from the tax certificate we will attach, our client is trying to continue his working life and make a living at the business premises named “…” located at the address ……-…”, where he is a tenant. Earning money is essential for his livelihood, and being at his workplace is necessary for the business to run smoothly and avoid losses. Unfortunately, our client is currently unable to go to his workplace. The plaintiff claims that he will break the windows of the workplace if he goes there. Our client, who has stated that throughout their marriage, his wife has come to his workplace to cause fights and embarrassment in front of the surrounding businesses, is now afraid of experiencing an even greater embarrassment and has not been able to go to the aforementioned workplace for 10 days. However, the plaintiff frequently goes to the workplace, asks if her husband is there, and instructs the employees to let her know if he comes. As can be seen in the attached video, the plaintiff goes to our client's workplace every day and broadcasts live on TikTok.

Consequently, the client is unable to go to their workplace. They are not at their job. If they go to their workplace, they face the threat of having the windows of their workplace broken. Regardless of the age, gender, blood relationship, marital status, etc., of the person who is persistently stalking the victim, those who are subjected to persistent stalking can benefit from Law No. 6284. "The gender of the person who is the victim of unilateral persistent stalking or who is doing the stalking is also not important in terms of benefiting from protection. The victim of stalking can be male, female, or child, and the person who is persistently stalking can also be male, female, or child. YAĞCIOĞLU, op. cit., p. 928."

4. In order to ensure the safety and well-being of both my client and those who work, live, and spend a significant part of their day with her at her workplace, it has become necessary to request that the court order the implementation of necessary protective measures within the framework of the authority and possibilities granted by Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women.

LEGAL GROUNDS: The Constitution of the Republic of Turkey No. 2709, Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women, and the Turkish Civil Code No. 4721.

LEGAL EVIDENCE: Relevant Criminal Court Indictment, Tax Certificate, Photographs, Workplace CCTV footage, Police Reports, Search Records, and any other substitutable evidence.

CONCLUSION AND REQUEST: For the reasons explained above, and in order to ensure the safety and well-being of both my client and those who work with my client in the same workplace and spend a significant part of the day together, considering that no evidence or document is required to prove that violence was committed in accordance with Law No. 6284, the following is requested from the defendants:

In accordance with Article 5/1-a of Law No. 6284, I hereby request, on behalf of my client, that no words or actions involving threats of violence, insults, humiliation, or degradation be directed towards my client;
in accordance with Article 5/1-c of Law No. 6284, that no one approach my client's registered workplace located at the address "...";
in accordance with Article 5/1-d of Law No. 6284, that no one approach my client's relatives, employees, or witnesses;
in accordance with Article 5/1-e of Law No. 6284, that no one touch my client's belongings;
and in accordance with Article 5/1-f of Law No. 6284, that my client not be disturbed through communication devices or otherwise;
and that other appropriate measures be taken.