Law No. 6284 and protective orders

Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women regulates the measures to be taken to protect women, children, family members and victims of one-sided stalking who have experienced violence or are at risk of it (Art. 1). It is not a criminal law; the measures can be taken quickly and independently of criminal proceedings.

Definition of violence

The Law defines violence broadly: any attitude or behaviour that results, or is likely to result, in physical, sexual, psychological or economic harm or suffering, including threats, pressure and the arbitrary deprivation of liberty (Art. 2). Domestic violence covers violence between family members even if they do not share the same household.

Measures by the district governor (Art. 3)

• providing suitable shelter for the protected person and the children with them,
• temporary financial assistance,
• psychological, vocational, legal and social guidance,
• temporary protection where there is a threat to life,
• childcare to support participation in working life.

Where delay would be harmful, the heads of law enforcement units may also order the shelter and temporary protection measures.

Protective measures by the judge (Art. 4)

Changing the protected person’s workplace, setting a separate residence if the parties are married, registering a family home annotation in the land registry and, where there is a threat to life, changing identity details.

Preventive measures by the judge (Art. 5)

For the perpetrator of violence:

• not to use words or behaviour that contain threats of violence, insults, humiliation or degradation,
• to be removed immediately from the shared home, with the home allocated to the protected person,
• not to approach the protected person or their home, school or workplace,
• to have contact with the children only in the presence of a supervisor, or to have it restricted or ended,
• not to disturb the protected person through means of communication or in any other way,
• to hand over licensed weapons and any weapon held in the course of duty,
• not to approach the protected person under the influence of alcohol or drugs and, where necessary, to undergo treatment.

Where delay would be harmful, the heads of law enforcement units may also order the warning, removal, no-approach and no-approach-to-relatives measures; if a judge does not approve the measure within 24 hours, it lapses automatically.

Orders and duration (Art. 8, 9)

• An order is issued at the request of the person concerned or on the application of the Ministry, law enforcement or the prosecutor; it may be requested from the nearest judge, district governor or law enforcement unit.
• No evidence or document showing that violence has occurred is required for a protective order. A preventive order is issued without delay.
• An order is issued for at most 6 months the first time and may be extended if the danger continues.
• Where necessary, the identity and address details of the protected person are kept confidential in all official records.
• An objection to an order may be lodged with the family court within two weeks of notification.

Breach of an order (Art. 13)

A person who breaches an order is subject, by decision of a judge, to coercive detention of 3–10 days, even if the act also constitutes a separate offence. For each repetition the period is 15–30 days; the total period may not exceed 6 months.

Where to apply

Requests for measures can be made through the 112 Emergency Call Centre, the ALO 183 Social Support Line, the nearest police or gendarmerie unit, the family courts, the chief public prosecutor’s offices and the Violence Prevention and Monitoring Centres (ŞÖNİM).