ATTORNEY AYLİN ESRA EREN – WHAT IS A PROTECTION AND RESTRAINING ORDER? Q&A
ATTY. AYLİN ESRA EREN – WHAT IS A PROTECTION AND RESTRAINING ORDER? Q&A
WHICH LAW GOVERNS THE PROTECTION AND RESTRAINING ORDER FREQUENTLY MENTIONED IN RECENT TIMES AS VIOLENCE AGAINST WOMEN AND CHILDREN HAS INCREASED?
Matters regarding protection and restraining orders are regulated under Law No. 6284 on the Protection of Family and Prevention of Violence Against Women.
The Istanbul Convention, signed on 11.05.2011, and Law No. 6284 on the Protection of Family and Prevention of Violence Against Women, enacted based on this convention, aim to provide protection against violence.
The objectives of this convention are;
To protect women against all forms of violence, to combat, prevent, and prosecute violence against women and domestic violence;
To contribute to the elimination of all forms of discrimination against women and to promote substantive gender equality by empowering women;
To protect and support victims of violence;
To ensure coordination among all institutions and organizations in the fight against violence.
WHAT IS THE PURPOSE OF LAW NO. 6284 ON THE PROTECTION OF FAMILY AND PREVENTION OF VIOLENCE AGAINST WOMEN?
Law No. 6284 sets out the rules regarding the measures to be taken for the protection of:
Women who are subjected to violence or are at risk of being subjected to violence,
Children,
Family members, and
Persons who are victims of one-sided stalking,
and for the prevention of violence against these individuals.
HOW IS VIOLENCE DEFINED IN THE LAW?
Violence refers to all kinds of physical, sexual, psychological, or economic attitudes and behaviors occurring in the social, public, or private sphere, which result in or are likely to result in physical, sexual, psychological, or economic harm or suffering to the person, including threats, coercion, or arbitrary deprivation of liberty.
WHO IS A VICTIM OF VIOLENCE?
This refers to a person who is directly or indirectly exposed to, or is at risk of being exposed to, the attitudes and behaviors defined as violence in this Law, and those who are affected or are at risk of being affected by violence.
WHAT ARE THE LEGAL RECOURSES FOR WOMEN, CHILDREN, FAMILY MEMBERS, AND VICTIMS OF ONE-SIDED STALKING WHO ARE SUBJECTED TO OR AT RISK OF VIOLENCE?
Under Law No. 6284 on the Protection of Family and Prevention of Violence Against Women;
You may request that the perpetrator of violence;
Remove themselves from your home/workplace and you may prevent them from approaching you.
Refrain from damaging your personal belongings and household items.
Refrain from disturbing you via phone/email/social media/or other communication tools.
Surrender their weapons, if any.
Refrain from consuming alcohol or drugs or stimulants in your presence or approaching you while under the influence of these substances, and in case of addiction, you may request that they undergo medical examination and treatment, including hospitalization,
In addition to these;
You may request to go to a shelter.
You may request temporary protection.
You may request that your identity/address/and all other information be concealed or changed in official records.
You may request to benefit from temporary financial aid and health services.
WHERE CAN A PROTECTION AND RESTRAINING ORDER BE OBTAINED?
A victim of violence can obtain a protection and restraining order in their favor by applying to;
The Public Prosecutor's Office
The Family Court
The Police Station
The Gendarmerie
The Governor's Office or District Governor's Office
HOW LONG DOES IT TAKE FOR A PROTECTION AND RESTRAINING ORDER TO BE ISSUED?
Although it depends on the workload of the courts/administrative authorities, requests for protection and restraining order measures are generally issued on the same day as the application, or within 1-2 days.
WHAT IS THE DURATION OF A PROTECTION AND RESTRAINING ORDER, AND CAN IT BE EXTENDED IF NEEDED?
A protection and restraining order can be issued for a maximum of six months. However, in cases where it is understood that the violence or the risk of violence persists, the judge may, ex officio or upon the request of the protected person, decide to change the duration or form of the order, lift the order, or have it continue in its current state.
WHAT HAPPENS IF THE PERPETRATOR OF VIOLENCE DOES NOT COMPLY WITH THE PROTECTION AND RESTRAINING ORDER?
In the event that the injunctions specified in the provisions of Law No. 6284 are not complied with and the requirements of the order are violated, the judge may order coercive imprisonment of 3 to 10 days. For each repetition of the violation of the injunction, the duration of the coercive imprisonment shall be 15 to 30 days, depending on the nature of the violated measure and the severity of the violation. However, the total duration of coercive imprisonment cannot exceed 6 months.
IS EVERYONE WHO HEARS, SEES, OR KNOWS ABOUT VIOLENCE OBLIGATED TO REPORT IT?
It is mandatory to report any form of violence to official authorities or bodies.
The Ministry
Law Enforcement Officers
The Public Prosecutor
may also request protective measures ex officio for the person subjected to violence, even without their request.