This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Aile İçi Şiddet ve Koruyucu Tedbir Kararları.
To obtain a protection order under Act No. 6284 no evidence, medical report or criminal complaint is required; the applicant's statement suffices and the order can be made the same day. The application may be made to the family court, the district governor, or — where delay would be prejudicial — to the police. The order is independent of any criminal investigation and of any divorce proceedings.
Domestic violence is a legal concept covering not only physical but psychological, economic and sexual violence. Act No. 6284 on the Protection of the Family and the Prevention of Violence Against Women provides a protection mechanism that is deliberately fast and easy to access.
What the Act Provides
- Removal from the home. The person using violence is removed from the shared residence immediately, so that the victim can stay there safely.
- Removal even where they own the property. Ownership does not outweigh the victim's right to protection.
- A ban on contact. Direct or indirect contact with the victim is prohibited — calls, messages and social media included.
- Maintenance. Interim maintenance can be ordered to protect the victim economically, and it can be sought even before any divorce action is filed.
- Surrender of firearms. Licensed weapons must be handed to the police.
- Restriction of contact with the children. Contact by the parent using violence may be made conditional or prohibited.
| Measure | Who orders it |
|---|---|
| Removal of the perpetrator from the home | Judge |
| Non-approach to the protected person | Judge |
| No contact by means of communication | Judge |
| Surrender of firearms | Judge |
| Temporary protection (police escort) | Judge / district governor |
| Provision of accommodation | District governor |
| Temporary financial assistance | District governor |
| Change of identity and related records | Judge |
A person who breaches an order is subject to coercive detention, whether or not the conduct also constitutes an offence.
How to Obtain an Order
Many victims assume a long bureaucratic process is required. The statute deliberately keeps it short:
- Direct application to the duty family court, by petition or orally. Where there is a risk to life, the court may decide without hearing the other party.
- Application to the public prosecutor, who applies to the court where delay would be prejudicial.
- Application to the police or gendarmerie, who intervene immediately where necessary and notify the prosecutor.
Orders are made without delay, often the same day, and enforced directly by the police. A lawyer is not required, though advice helps in using the full range of the protections available.
Who Can Apply
There is a widespread misunderstanding here. Act No. 6284 applies not only to women but to anyone subjected to domestic violence. A male victim may seek a protection order under it. In addition:
- Orders can be made for children subjected to violence;
- Other household members — siblings, parents, grandparents — are covered;
- Engaged couples and people living together may benefit in defined circumstances.
Despite the reference to violence against women in its title, the Act's scope covers every member of the family.
The Relationship with Divorce
Obtaining a protection order and filing for divorce are independent. Neither requires the other, though in practice they often run together.
Where a divorce action is brought, the violence may have these consequences:
- Fault. Domestic violence is treated as grave fault, with consequences that follow against the party at fault.
- Non-pecuniary damages for the physical and psychological harm suffered.
- Spousal maintenance for a spouse left economically weak by a divorce forced on them by violence.
- Custody. A parent who used violence may be assessed adversely, the children's safety being paramount.
"A victim of violence shall be taken under protection immediately and without delay."
Act No. 6284, art. 5
Breach of an Order
In practice many victims find that the person subject to the order does not comply. Breach is itself sanctioned: on a complaint, coercive detention of three to ten days may be imposed, and it applies whether or not the conduct is also an offence.
Where an order is breached, contact the police immediately and inform your lawyer.
Act No. 6284 contains no evidential requirement: the applicant's statement is taken as the basis and an order can be made the same day, without a hearing. Apply to the family court, the district governor's office or directly to the police; out of hours, the duty court.
Frequently Asked Questions
Do I need evidence to obtain a protection order?
No. There is no requirement of evidence, a medical report or a criminal complaint; the applicant's statement is the basis.
Where do I apply?
To the family court, the district governor's office, or directly to the police where delay would be prejudicial. Out of hours, the duty court.
Can a man apply?
Yes. The Act covers anyone subjected to domestic violence, including children and other household members.
Do I have to file for divorce first?
No. A protection order and a divorce action are independent of each other.
What happens if the order is breached?
Coercive detention of three to ten days may be imposed on a complaint, whether or not the conduct is also an offence.