domestic violence in turkey

Author: Attorney Orbay ÇokgörLast updated:

The Legal Dimension of Domestic Violence and Restraining Orders Within the Family

The family is one of the most important social institutions, bringing individuals together on the basis of love, trust, and respect, and enabling them to live in peace and solidarity. Unfortunately, in some cases, incidents of physical, psychological, sexual or economic violence may occur within the family. Domestic violence is a serious issue that negatively affects not only the victim’s physical integrity but also their mental health, social life, and economic independence.

Within the framework of Turkish Family Law, various legal regulations have been enacted to prevent domestic violence and protect victims of violence. In particular, Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women provides for protective and preventive measures aimed at safeguarding individuals who have been subjected to violence or are at risk of violence. Restraining orders and protective measures issued under this law play a significant role in ensuring the safety and security of victims.

LAW ON PROTECTION OF FAMILY AND PREVENTION OF VIOLENCE AGAINST WOMEN

Article 1 – The purpose of this Law is to regulate the procedures and principles regarding the measures to be taken for the protection of women, children, family members, and individuals subjected to persistent unilateral stalking, who have been subjected to violence or are under threat of violence, and to prevent violence against them.

What Is Domestic Violence?

Domestic violence refers to any form of physical, psychological, sexual, verbal, or economic abuse occurring between spouses, former spouses, fiancés, family members, or individuals living in the same household. The existence of domestic violence does not necessarily require a physical assault. Continuous insults, threats, coercive control, deprivation of financial resources, social isolation, or qualified economic deception amounting to fraud through the abuse of trust between spouses regarding each other’s assets may also be considered forms of domestic violence.

The most common forms of domestic violence include:

  • Physical violence
  • Psychological or emotional violence
  • Sexual violence
  • Economic violence
  • Harassment and stalking carried out through digital means and communication technologies

The Turkish legal system regards domestic violence as a serious violation of fundamental rights and freedoms and provides effective legal mechanisms for the protection of victims.

In Turkey, various legal measures may be implemented to protect victims of domestic violence and prevent further abuse. Individuals who have been subjected to violence or are under the threat of violence may apply to law enforcement authorities, the Public Prosecutor’s Office, or the Family Courts to request protection.

The main legal measures available in Turkey include:

  • Protection and Restraining Orders: Courts may issue orders prohibiting the perpetrator from approaching the victim, the shared residence, the victim’s workplace, or the educational institutions attended by the children. The perpetrator may also be prohibited from contacting the victim through telephone calls, text messages, emails, or social media platforms.
  • Emergency Protection Measures: In urgent situations, law enforcement authorities may provide immediate protection, and where necessary, temporary protective measures may be implemented without delay.
  • Criminal Complaints and Criminal Investigations: Where acts of violence constitute a criminal offense, the victim may file a criminal complaint with the Public Prosecutor’s Office in Turkey. Legal proceedings initiated in response to such violations may result in the filing of criminal charges against the perpetrator.
  • Shelter and Support Services: Victims of domestic violence may receive temporary accommodation, psychological support, social assistance, and legal counseling services through governmental institutions and other relevant organizations in Turkey.
  • Divorce and Child Custody Proceedings: Domestic violence may constitute a significant legal ground for divorce under Turkish law. A spouse who has been subjected to violence may seek financial and moral (non-pecuniary) compensation, spousal support in Turkey, and child custody during both uncontested divorce proceedings and contested divorce proceedings.
🛡️ LEGAL MEASURES FOR PROTECTION FROM DOMESTIC VIOLENCE
Legal MeasureBrief Explanation
🛡️ Protection and Restraining OrdersThe person who commits violence may be prohibited from approaching the victim, the shared residence, workplace or the children’s educational institutions, and from contacting them.
🚨 Emergency Protection MeasuresIn emergency situations, law enforcement authorities may provide immediate protection and, where necessary, implement temporary measures.
⚖️ Criminal Complaint and InvestigationIf the act of violence constitutes a criminal offence, a criminal complaint may be filed with the Public Prosecutor’s Office and a criminal investigation may be conducted.
🏠 Shelter and Support ServicesVictims of domestic violence may receive temporary accommodation, psychological support, social assistance and legal counselling.
👨‍👩‍👧 Divorce and Custody ProceedingsDomestic violence may be relevant to claims for compensation, alimony and custody in divorce proceedings.

Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women in Turkey

One of the most important legal regulations enacted in Turkey to combat domestic violence and violence against women is Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women. Adopted in 2012, this Law aims to ensure the protection of individuals who have been subjected to violence or are under the threat of violence, to prevent violence, and to provide effective support to victims.

Law No. 6284 does not only apply to cases where violence has already occurred; it also provides protection in situations where there is a risk or threat of violence. In this respect, the Law allows for preventive measures to be taken before harm occurs, thereby adopting a proactive and protective approach in combating violence.

1- Purpose Of Law No. 6284 On The Protection Of The Family And The Prevention Of Violence Against Women

The primary purpose of Law No. 6284 is the protection of individuals who have been subjected to violence or are under the threat of violence and the prevention of violence against women in Turkey. Within the scope of the Law, the following objectives are particularly pursued:

  • Prevention of Violence: Taking preventive measures to stop the occurrence of domestic violence and violence against women in Turkey.
  • Protection of Victims: Ensuring the safety and security of individuals exposed to violence and implementing necessary protective measures in Turkey.
  • Provision of Legal and Institutional Support: Facilitating victims’ access to their legal rights and ensuring they benefit from available support mechanisms.
  • Psychological and Social Support: Providing psychological, social, and economic support to victims and helping them rebuild a safe and stable life.
⚖️ KEY OBJECTIVES OF LAW NO. 6284
🛡️ Prevention of Violence

It aims to implement protective and preventive measures to prevent violence from occurring.

🛡️ Protection of Victims

It aims to ensure the safety of victims of violence and prevent them from being subjected to violence again.

⚖️ Legal and Institutional Support

It aims to facilitate victims’ access to their legal rights and the protection mechanisms provided by relevant institutions.

💙 Psychological and Social Support

It aims to provide services supporting victims of violence psychologically, socially and economically.

2- Importance Of Law No. 6284 On The Protection Of The Family And The Prevention Of Violence Against Women

Law No. 6284 is one of the fundamental legal bases in Turkey for combating domestic violence and violence against women. Thanks to this Law, victims can quickly request protective measures, obtain restraining orders, and benefit from various social support mechanisms in Turkey.

However, it should be noted that the effectiveness of the Law is not limited to legal regulations alone; it also depends on raising public awareness, coordinated action among public institutions, and the effective implementation of protective measures.

3- The Scope of Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women

Under the Law, various protective and preventive measures may be ordered by judges or administrative authorities and, in urgent situations where delay would be detrimental, by law enforcement officers.

The most common of these are as follows:

  • Restraining Order: The perpetrator may be ordered to leave the shared residence, to refrain from approaching the victim, and to stay away from designated areas. Restraining orders are one of the most frequently applied protective measures in domestic violence cases in Turkey.
  • Contact Prohibition: The perpetrator may be prohibited from harassing or contacting the victim via telephone, text messages, e-mail, social media, or other communication tools.
  • Protection and Security Measures: Where necessary, temporary protection may be provided to the victim, identity and address information may be kept confidential, or the victim may be placed in a safe location. At this point, the security of the victim’s personal data is strictly protected in line with data protection and confidentiality principles in Turkey.
  • Shelter and Social Support Services: To ensure the safety of victims of violence, shelter and counseling services may be provided through women’s shelters, Violence Prevention and Monitoring Centers (ŞÖNİM), and other social support mechanisms.
  • Temporary Financial Assistance and Other Support: Within the scope of the Law, it is possible to provide temporary financial assistance, healthcare support, and access to social services for those in need. Temporary financial assistance is a support measure ordered by the administrative authority; if court-ordered maintenance payments are not made voluntarily, enforcement proceedings under enforcement and bankruptcy law may be initiated to collect the receivables.
⚖️ SCOPE OF LAW NO. 6284
🚫
Restraining Order
The person who commits violence may be prohibited from approaching the victim, the residence or designated areas.
📵
Prohibition on Contact
Contacting the victim by telephone, message, e-mail, social media or other means of communication may be prohibited.
🛡️
Protection and Security Measures
Temporary protection, confidentiality of information or placement in a safe location may be ordered to ensure the victim’s safety.
🏠
Shelter and Social Support
Shelter and counselling support may be provided through ŞÖNİM, women’s shelters and other social services.
💰
Temporary Financial Assistance and Other Support
Where necessary, temporary financial assistance, healthcare and other social support services may be available.

4- Consequences of Non-Compliance with Protective Measures in Turkey

If a restraining order or other protective measures issued under Law No. 6284 are violated, the perpetrator may be subjected to coercive imprisonment in Turkey. This sanction ensures the effectiveness of protective orders and the safety of victims.

In cases where domestic violence escalates to serious levels such as intentional injury or attempted homicide, the perpetrator may face not only criminal liability but also significant civil law consequences under Turkish inheritance law. Under the Turkish Civil Code, a person who intentionally and unlawfully kills or attempts to kill the deceased is excluded from the inheritance by law (unworthiness to inherit), while an heir who commits a serious crime against the deceased or one of their close relatives may be disinherited by the deceased through a will.

Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women is an important step taken in Turkey to prevent violence against women. The provisions of the Law aim to ensure an effective fight in areas such as victim protection, punishment of perpetrators, rehabilitation, and legal support. However, it is also crucial to increase public awareness, ensure inter-institutional cooperation, and effectively implement protective measures.

how to get a protection order in Turkey

Protection Order in Cases of Domestic Violence in Turkey

In cases of domestic violence, ensuring the victim’s safety in a fast and effective manner is of critical importance. Under Turkish law, various legal mechanisms have been established to protect individuals who have been subjected to violence or are under the threat of violence, and the most significant of these is the protection order. In particular, protection orders issued under Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women play a crucial role in ensuring the safety of victims and preventing further acts of violence.

A protection order may be granted not only in cases where violence has already occurred, but also where there is a risk or threat of violence. In this way, it is possible to take the necessary legal measures before the victim suffers harm.

1- What Is a Protection Order?

A protection order refers to a set of protective and preventive measures that may be issued by a Family Court, administrative authorities, or in certain cases law enforcement officers, for the purpose of protecting individuals who are victims of domestic violence or at risk of being subjected to violence.

The main purposes of such orders are:

  1. To prevent the repetition of violence
  2. To ensure the victim’s life and property safety
  3. To prevent the perpetrator from contacting or approaching the victim
  4. To protect children and other family members
  5. To enable the victim to maintain a safe and secure life

In most cases, a protection order may be granted without requiring conclusive evidence or a criminal conviction. The victim’s statement and the circumstances of the incident are generally sufficient for the issuance of protective measures.

2- Importance of Protection Orders in Domestic Violence Cases

A protection order is one of the most effective legal instruments for ensuring the safety of victims of domestic violence. Particularly in situations where there is a risk of ongoing violence, these orders can be issued rapidly, with the aim of protecting the victim, preventing further violence, and avoiding more serious consequences.

It is therefore of great importance that individuals who are exposed to domestic violence or under threat of violence seek legal assistance without delay, in order to ensure the timely implementation of protective measures and to prevent loss of rights.

3- Measures That Can Be Taken Within the Scope of a Protection Order in Turkey

Under Law No. 6284, various measures may be implemented to protect the victim in Turkey. Depending on the circumstances of the case, one or more measures may be ordered simultaneously.

a) Prohibition of Approach and Contact

The most common form of protection order in Turkey is the prohibition of the perpetrator from approaching or contacting the victim.

In this context:

  • The perpetrator may be prohibited from approaching the victim’s residence
  • From going to their workplace
  • From approaching the children’s school
  • From contacting the victim via phone calls, text messages, e-mail, or social media

b) Removal from the Shared Residence

The perpetrator may be ordered to leave the shared residence, and the use of the home may be temporarily granted to the victim. While the property rights of spouses under the matrimonial property regime remain reserved, additional safeguards such as a family residence annotation under real estate law principles may also be requested. This measure is highly important for ensuring the victim’s safety in their living environment.

c) Temporary Protection and Shelter Measures

In situations where the victim’s safety is seriously at risk:

  • Placement in a safe location
  • Accommodation in women’s shelters
  • Provision of temporary protection
  • Confidentiality of identity and address information

d) Measures Regarding Children

Where domestic violence affects children or where children are also at risk, additional measures may be taken by the court in accordance with the best interests of the child.

In this context:

  • Restrictions on child custody and personal contact arrangements
  • Determination of visitation conditions
  • Temporary suspension of personal contact where necessary

e) Temporary Financial Assistance and Support Measures

For victims who are in financial difficulty due to violence in Turkey, temporary financial assistance, coverage of healthcare expenses, and access to social services may be provided. For victims and their children in financial distress, temporary financial support and child maintenance payments may also be ordered in line with the principles of child maintenance law.

⚖️ MEASURES AVAILABLE UNDER A PROTECTION ORDER
01🚫 No-Contact and Restraining OrderThe person may be prohibited from approaching the victim, the residence, workplace or areas where the children are present, and from contacting them.
02🏠 Removal from the Shared ResidenceThe person who commits violence may be removed from the shared residence, which may be temporarily allocated to the victim.
03🛡️ Temporary Protection and ShelterShelter, temporary protection and confidentiality of identity or address information may be provided where there is a security risk.
04👨‍👩‍👧 Measures Concerning Joint ChildrenNecessary arrangements may be made regarding custody and personal contact, taking the best interests of the children into consideration.
05💰 Financial Assistance and SupportWhere necessary, temporary financial assistance, healthcare support and access to social services may be provided.

How Is a Protection Order Obtained in Turkey?

A protection order is one of the most commonly used legal protection measures in cases of domestic violence or violence against women in Turkey, aimed at ensuring the safety of the victim. In Turkish law, obtaining a protection order in Turkey does not require the victim to present conclusive evidence or for the violence to be proven by a criminal court decision. The victim’s statement and the circumstances of the incident are sufficient for protective and preventive measures to be issued in Turkey.

1- Who Can Request A Protection Order In Turkey?

It is commonly believed in Turkey that protection orders apply only between married spouses. However, Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women regulates the scope of protection measures very broadly in Turkey.

Therefore, not only spouses but many individuals exposed to violence or threats of violence may request a protection order in Turkey. Under the law, married and divorced spouses may benefit from protection measures in Turkey. In cases of ongoing threats, stalking, physical or psychological violence after divorce, the victimized spouse also has the right to request a protection order in Turkey.

In addition, fiancés, engaged couples, or individuals in a romantic relationship may also benefit from protection measures under certain conditions in Turkey. Even if there is no marriage, courts in Turkey may issue protection orders in cases involving violence and threats arising from current or ended romantic relationships. Individuals sharing the same residence are also protected under the law in Turkey.

The law also aims to protect family members in Turkey. In cases of physical, psychological, economic, or sexual violence inflicted by parents, children, siblings, grandparents, or other close relatives, it is possible to obtain protection orders in Turkey.

One of the important provisions of Law No. 6284 is that it also protects victims of unilateral persistent stalking in Turkey. Even if there is no marital, familial, or cohabitation relationship between the parties, if a person is repeatedly followed, harassed, disturbed through communication tools, or their safety is threatened, a protection order may be requested from the court in Turkey.

🛡️ PERSONS WHO MAY REQUEST A RESTRAINING ORDER
💍 Spouses and Divorced SpousesA protection measure may be requested in cases of violence or threats during the marriage or after divorce.
❤️ Persons in Emotional RelationshipsProtection may be available against violence arising from an existing or former emotional relationship, even without marriage.
🏠 Persons Sharing the Same ResidencePartners, family members and other persons living in the same residence may also fall within the scope of protection.
👨‍👩‍👧 Family MembersProtection and restraining measures may be applied in cases of violence between close family members.
👁️ Victims of Persistent StalkingProtection may be requested against persistent stalking even where there is no family or relationship between the parties.

2- Where To Apply For A Protection Order In Turkey?

Individuals who wish to request a protection order in Turkey may apply to the following authorities:

  • Family Courts in Turkey
  • Public Prosecutor’s Offices in Turkey
  • Police stations or Gendarmerie commands in Turkey
  • District Governorates and Governorates in Turkey
  • Violence Prevention and Monitoring Centers (ŞÖNİM) in Turkey

In urgent situations in Turkey, applications made to law enforcement authorities allow protective measures to be taken immediately, and the case file is later forwarded to the competent court in Turkey.

📍 WHERE CAN A RESTRAINING ORDER BE REQUESTED IN TURKEY?
🏛️ Family CourtsA protection or restraining measure may be requested.
⚖️ Public Prosecutor’s OfficesA criminal complaint may be filed and a request for protection may be submitted.
🚔 Police / GendarmerieParticularly in emergencies, an application may be made to law enforcement authorities.
🏢 District Governorship / Governor’s OfficeApplications may be made for protective and supportive measures under the Law.
🛡️ ŞÖNİMŞÖNİM provides a point of contact for protection, referral and social support services.
🚨 IN EMERGENCIES:
Upon an application to law enforcement authorities, the necessary protection measures may be taken promptly, and the matter may subsequently be referred to the competent authority.

3- How To Apply For A Protection Order In Turkey?

During the application in Turkey, it is sufficient for the victim to explain the acts of violence or the threat of violence they have experienced. The application can be made either verbally or in writing in Turkey.

Although not mandatory, the following documents may support the application in Turkey:

  • Medical reports of assault injuries
  • Hospital records
  • Messages and electronic communications
  • Audio or video recordings (if obtained legally)
  • Witness statements
  • Previous police or prosecutor complaints

However, the absence of these documents does not prevent the issuance of a protection or restraining order in Turkey.

4- Evaluation Process For A Protection Order By The Court In Turkey

After the application in Turkey, the competent authority, namely the Family Court in Turkey, evaluates the circumstances of the incident. If it is determined that there is a risk of violence, a protection order may be issued immediately in order to ensure the safety of the victim in Turkey.

Since the purpose of Law No. 6284 is to protect the victim, protective measures are often taken without hearing the other party and without delay in Turkey. In this way, further harm to the victim is prevented in Turkey.

protection order in Turkey

5- What Measures Can Be Ordered Within A Protection Order In Turkey?

Depending on the specific circumstances of the case in Turkey, the court may order the following measures:

  • Removal of the perpetrator from the shared residence
  • Prohibition of approaching the victim, their home, or workplace
  • Prohibition of communication via phone, messages, e-mail, or social media
  • Prohibition of approaching the child’s school or other locations frequented by the victim
  • Restriction or prohibition of carrying or possessing weapons
  • Application of electronic monitoring (electronic bracelet) where necessary
  • Restriction of personal contact with common children

6- How Long Does It Take To Obtain A Protection Order In Turkey?

Protection orders in Turkey are considered urgent protective measures and can be issued very quickly. In high-risk situations in Turkey, it is possible for a decision to be made on the same day or within a few days.

7- How Long Is A Protection Order Granted For In Turkey?

Protection orders in Turkey are not issued indefinitely. The court evaluates the circumstances of each case in Turkey and grants the measure for a specific period. Under Law No. 6284, a protection order may be issued for a maximum of six months the first time; in practice in Turkey, most protection orders are initially issued for a period between one and six months.

However, if the risk continues in Turkey, the duration of the measure may be extended upon the request of the victim or when deemed necessary by the court in Turkey. The expiration of the protection period does not necessarily mean that the danger has completely disappeared in Turkey. If the risk of violence continues, the court in Turkey may reassess the situation and decide to continue the protective measures.

⏱️ HOW LONG IS A RESTRAINING ORDER GRANTED FOR?
📌 Initial OrderUp to 6 monthsThe measure may initially be granted for a maximum period of six months.
↓
⚠️ Risk ContinuesNew assessmentIf the risk of violence or danger continues, the measure may be reassessed.
↓
🔄 ExtensionMeasure may be extendedIf the risk continues, the duration of the measure may be extended.
⚠️ IMPORTANT:
The expiry of the measure does not necessarily mean that the danger has completely disappeared. If the risk continues, a new assessment may be made.

8- Does A Protection Order Appear In A Criminal Record In Turkey?

One of the most frequently asked questions by individuals subject to a protection order in Turkey is whether it appears in their criminal record. A protection order in Turkey is not a criminal conviction. Therefore, the existence of a protection order alone does not create a criminal record entry in Turkey.

However, if a separate criminal case is initiated in Turkey due to the underlying incident and the person is convicted, a criminal record may be created depending on the nature of the conviction in Turkey. It is important to distinguish that a protection order and a criminal court conviction are separate legal institutions in Turkey.

Although it is possible to apply for a protection order in Turkey without a lawyer, seeking assistance from an experienced divorce lawyer in Turkey may be beneficial.

Legal support in Turkey can help ensure that the application is properly prepared, that all necessary protective measures are requested, and that any violations of the order are effectively followed up through legal proceedings in Turkey.

In What Situations Is a Protection Order Granted in Turkey?

A protection order in Turkey is a preventive legal measure issued to protect individuals who are exposed to domestic violence or are at risk of violence in Turkey. For a protection order to be granted in Turkey, it is not necessary for physical violence to have already occurred.

In Turkey, psychological, economic, sexual, or verbal abuse may also be sufficient grounds for issuing a protection order.

In practice in Turkey, protection orders may be issued in the following situations:

  1. Physical violence
  2. Threats and insults
  3. Continuous harassment and stalking
  4. Persistent phone calls or messages
  5. Economic pressure or financial control
  6. Using children as a means of pressure
  7. Threats of committing violence
  8. Harassment by an ex-spouse or former partner
  9. Digital stalking or online harassment

Under Law No. 6284 in Turkey, not only the occurrence of violence but also the risk of violence is sufficient for a protection order to be issued in Turkey.

⚠️ IN WHAT SITUATIONS CAN A RESTRAINING ORDER BE ISSUED?
👊 Physical Violence⚠️ Threats and Insults
👁️ Persistent Harassment and Stalking📱 Repeated Calls and Messages
💰 Economic Pressure👨‍👩‍👧 Pressure Through Children
🚨 Threat of Violence💔 Harassment by an Ex-Spouse or Partner
💻 Digital Tracking and Harassment🏠 Unauthorized Entry into a Residence or Workplace

1- CAN A PROTECTION ORDER BE GRANTED WITHOUT EVIDENCE IN TURKEY?

One of the most frequently asked questions in domestic violence cases in Turkey is whether a protection order can be issued without evidence.

Under Law No. 6284 in Turkey, no strict or conclusive evidence is required to obtain a protection order in Turkey. The purpose of the law is to ensure the protection of the victim in Turkey, and therefore the judge may issue a protection order based on the victim’s statement and the circumstances of the incident in Turkey.

Of course, photos, medical reports, messages, witness statements, and similar evidence in Turkey may strengthen the application. However, the absence of such evidence does not automatically result in rejection of the request in Turkey. For this reason, victims of violence should not hesitate to apply in Turkey for a protection order even if they believe they do not have sufficient evidence.

2- CAN A PROTECTION ORDER BE ISSUED AGAINST MEN IN TURKEY?

A protection order in Turkey is not a legal measure limited to women. Law No. 6284 in Turkey applies to anyone who is exposed to violence or at risk of violence in Turkey. Therefore, men can also request a protection order in Turkey if they are exposed to domestic violence, threats, psychological pressure, or any other form of abuse. Accordingly, there is no gender-based limitation for protection orders in Turkey; what matters is the existence of violence or the risk of violence in Turkey.

3- CAN A PROTECTION ORDER BE OBTAINED WITHOUT A DIVORCE CASE IN TURKEY?

It is not necessary to file a divorce case in order to obtain a protection order in Turkey. Under Law No. 6284 in Turkey, protection measures can be applied independently of divorce proceedings in Turkey. This means that protection orders may also be issued between unmarried individuals, fiancés, cohabiting partners, or former partners in Turkey.

In this sense, a protection order in Turkey is an independent legal protection mechanism, not dependent on divorce proceedings. Even if no divorce process has been initiated in Turkey, or even if there is a prenuptial agreement or a marriage contract between the parties in Turkey, urgent protective measures may still be granted independently from contracts and agreements in cases of alleged violence in Turkey.

domestic violence in turkey

Can a Protection Order Be Appealed in Turkey?

Under Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women in Turkey, protection orders and other protective or preventive measures in Turkey can be appealed.

The right to appeal a protection order in Turkey is an important legal safeguard granted both to the victim and to the person against whom the measure has been issued in Turkey. In practice in Turkey, protection orders are often issued urgently without hearing the other party due to the need for immediate protection. For this reason, the legislator has introduced an appeal mechanism in Turkey to allow for later judicial review of the decision.

1- Who Can Appeal A Protection Order In Turkey?

In Turkey, the following persons may appeal a protection order:

  • The applicant (victim) in Turkey
  • The person subject to the protection order in Turkey
  • Legal representatives or attorneys in Turkey

For example, the victim may request additional protective measures if they consider the existing measures insufficient. On the other hand, the person subject to the protection order in Turkey may also appeal the decision, claiming that it is unfair, disproportionate, or unlawful.

⚖️ WHO CAN OBJECT TO A RESTRAINING ORDER?
🛡️
Person Who Requested Protection
⚠️
Person Subject to the Measure
⚖️
Legal Representative or Attorney

2- What Is The Deadline To Appeal A Protection Order In Turkey?

Under Law No. 6284 in Turkey, appeals against protection orders and other protective or preventive measures in Turkey must be filed within two weeks from the date of notification or pronouncement of the decision in Turkey. This period is mandatory (statutory time limit) in Turkey, meaning that failing to appeal within this deadline results in the loss of the right to appeal in Turkey.

3- Where To File An Appeal Against A Protection Order In Turkey?

An appeal must be submitted through a petition to the Family Court in Turkey. Where the protection order was issued by a judge, the file is sent to the next-numbered Family Court or, if there is only one Family Court in that location, to the Civil Court of First Instance, which reviews the appeal.

In the appeal petition in Turkey, the following should be clearly explained:

  • Why the decision is unlawful
  • The actual facts of the incident
  • Any new evidence (if available)
  • Requested changes to the decision
⚖️ WHERE CAN A RESTRAINING ORDER BE CHALLENGED?
📍 Place of Application
The objection is made by submitting a petition to the Family Court. Depending on the structure of the court, the case is reviewed by the competent chamber or the Civil Court of First Instance.
📝 WHAT SHOULD THE OBJECTION PETITION INCLUDE?
⚖️ Illegality of the Decision📌 Actual Circumstances of the Case
📄 New Evidence, If Any🎯 Requested Changes

4- How Is The Appeal Reviewed In Turkey?

Upon appeal in Turkey, the court re-evaluates the case file. In most cases in Turkey, the review is conducted based on the case file only, although the court may request additional documents or information if necessary.

Since the primary purpose of Law No. 6284 in Turkey is to protect the victim, filing an appeal does not automatically suspend the enforcement of the protection order in Turkey. The measure remains in force in Turkey until it is modified or lifted by the court.

5- What Decisions Can Be Made After An Appeal In Turkey?

Following the review in Turkey, the court may decide:

  • To reject the appeal in Turkey
  • To maintain the protection order as is in Turkey
  • To extend or shorten the duration of the measure in Turkey
  • To expand or restrict the scope of the measure in Turkey
  • To lift the protection order in Turkey

The final decision in Turkey is based on the specific facts of the case, the statements of the parties, and the evidence available in the file. The appeal authority must decide within one week, and its decision is final; no further legal remedy is available against it.

6- Is It Possible To Lift A Protection Order In Turkey?

A protection order in Turkey may be lifted or modified if the circumstances change, the risk is eliminated, or the measure is no longer necessary. However, this assessment is always made by the court in Turkey based on the specific facts of each case. Therefore, a protection order in Turkey is not automatically lifted, and a new judicial evaluation is required for any modification or termination of the measure in Turkey.

In Turkey, legal assessment, supporting evidence, and the preparation of an appeal petition may significantly affect the outcome of the appeal process against a protection order. For this reason, both victims and individuals subject to a protection order are advised to follow the process with the assistance of a lawyer experienced in family law in Turkey, in order to avoid loss of rights and ensure effective legal representation.

What Happens If a Protection Order Is Violated in Turkey?

A protection order in Turkey is a binding court or protective measure issued in cases of domestic violence and violence against women in Turkey to ensure the safety of the victim. Compliance with these orders is mandatory in Turkey, and if the order is violated, the person subject to the measure may face various legal sanctions in Turkey.

1- What Constitutes A Violation Of A Protection Order In Turkey?

A violation of a protection order in Turkey occurs when the person subject to the measure acts contrary to the obligations imposed by the court in Turkey.

For example in Turkey:

  • Approaching the victim’s residence
  • Going to the victim’s workplace
  • Contacting via phone, messages, or social media
  • Making indirect contact through common children
  • Entering prohibited zones defined by the court

may all be considered violations of a protection order in Turkey.

A physical act of violence is not required for a violation. Breaching the restrictions set by the court is sufficient on its own in Turkey.

⚠️ WHAT IS A VIOLATION OF A RESTRAINING ORDER?
A violation of a restraining order occurs when the person subject to the measure acts contrary to the prohibitions or obligations imposed by the court.
🏠 Approaching the Victim’s Residence🏢 Going to the Workplace
📱 Contacting the Victim by Phone, Message or Social Media👨‍👩‍👧 Indirect Contact Through Children
🚫 Entering Prohibited Areas⚖️ Acting Contrary to Other Obligations Imposed by the Court Decision
⚠️ IMPORTANT:
A violation does not necessarily require physical violence. Acting contrary to the prohibitions specified in the court decision may itself constitute a violation.

2- What Should Be Done If A Protection Order Is Violated In Turkey?

If a protection order is violated in Turkey, it is important for the victim to immediately report the situation to the relevant authorities in Turkey.

In this context:

  • Police or Gendarmerie may be contacted
  • The Public Prosecutor’s Office may be informed
  • The court that issued the order may be notified
  • Evidence of the violation should be preserved

Messages, call logs, security camera footage, witness statements, and other evidence may be important in proving the violation.

⚠️ WHAT SHOULD BE DONE IF A RESTRAINING ORDER IS VIOLATED?
📌 First Step:
The violation should be reported to the relevant authorities without delay.
🚔 Contacting the Police or Gendarmerie⚖️ Applying to the Public Prosecutor’s Office
🏛️ Informing the Court That Issued the Order📂 Preserving Evidence of the Violation
📁 IMPORTANT EVIDENCE
Message records • Call records • Security camera footage • Witness statements • Other evidence

3- What Is The Penalty For Violating A Protection Order In Turkey?

If a protection order issued under Law No. 6284 is violated, the court may impose coercive imprisonment in Turkey. Under Turkish law, for a first violation, the court may order coercive imprisonment for 3 to 10 days in Turkey. For each repeated violation, coercive imprisonment is ordered for 15 to 30 days. However, the total duration of coercive imprisonment in Turkey cannot exceed 6 months. Coercive imprisonment in Turkey is a special sanction designed to ensure compliance with protection orders and to strengthen the effectiveness of protective measures in Turkey.

⚠️ PENALTY FOR VIOLATING A RESTRAINING ORDER
⚠️
VIOLATION OF A PROTECTIVE MEASURE
→ COERCIVE IMPRISONMENT
1️⃣
FIRST VIOLATION
3–10 DAYS
🔁
REPEATED VIOLATION
15–30 DAYS
⏱️
TOTAL DURATION: UP TO 6 MONTHS
Coercive imprisonment may be imposed to ensure the effectiveness of protective measures and contribute to the protection of the victim.

4- Can A Violation Of A Protection Order Also Be A Crime In Turkey?

In some cases in Turkey, violating a protection order may not only result in sanctions under Law No. 6284, but may also constitute a criminal offense under the Turkish Penal Code in Turkey.

For example in Turkey:

  • Threats
  • Insults
  • Stalking
  • Intentional injury
  • Disturbing a person’s peace and tranquility

may lead to a separate criminal investigation and criminal prosecution in Turkey.

5- Can Protection Measures Be Strengthened In Turkey?

A violation of a protection order in Turkey may indicate that the existing measures are insufficient. In such cases, the victim may request additional protective measures.

The court may:

  • Extend the duration of the protection order
  • Impose additional restrictions
  • Expand the scope of protection
  • Order electronic monitoring (electronic bracelet)

The purpose is to ensure the victim’s safety in a more effective and comprehensive manner.

6- What Happens If A Message Is Sent While A Protection Order Is In Effect In Turkey?

Protection orders in Turkey usually include a communication ban. Therefore, sending messages, making calls, or attempting to contact the protected person through social media is considered a violation of the protection order in Turkey. In case of violation, the person subject to the order may face coercive imprisonment in Turkey, and the conduct may also lead to a separate criminal investigation.

7- Importance Of Compliance With Protection Orders In Turkey

Protection orders in Turkey are one of the most important legal tools used to prevent domestic violence in Turkey. Violation of these orders not only puts the victim’s safety at risk but also creates serious legal consequences for the person who violates the order in Turkey. For this reason, if a protection order is violated, it is crucial to seek legal assistance immediately and to take the necessary legal steps without delay in Turkey.

Can Foreigners Obtain a Protection Order in Turkey?

In Turkey, protection and restraining orders are not limited only to Turkish citizens. They also apply to foreign nationals in Turkey. Under Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women, foreign individuals who are exposed to violence or under threat of violence may also benefit from protective and preventive measures in Turkey.

There is no requirement to be a Turkish citizen to request a protection order in Turkey. Foreigners who are residing in Turkey, holding a work permit, studying in Turkey, or even temporarily staying in Turkey may apply for protection orders in cases of domestic violence, threats, stalking, psychological abuse, or similar acts in Turkey.

In cases of international marriages and families involving foreign spouses in Turkey, protection orders may include the allocation of the shared residence, prohibition of contact, stay-away orders, and restrictions regarding personal contact with children in Turkey. Depending on the specifics of the case in Turkey, related issues such as divorce, custody, maintenance, and international child abduction and parental abduction matters may also need to be assessed in Turkey.

Therefore, in cases involving foreign nationals in Turkey, it is important to seek assistance from an English Speaking Lawyer in Turkey to ensure that rights are protected and that necessary protective measures are obtained quickly in Turkey.

Legal Disclaimer: The copyright in the articles and content on this website belongs to Attorney Orbay Çokgör; the content may be quoted provided that the source is credited and an active link to the relevant page is given. All content on this website is for general information purposes only, does not constitute legal advice and does not create an attorney-client relationship. The information may have become outdated due to changes in legislation and case law; for your specific legal situation, always seek legal assistance from a lawyer.