WHAT IS A PROTECTION AND RESTRAINING ORDER?
WHAT IS A PROTECTION AND RESTRAINING ORDER?
UNDER WHICH LAW IS THE PROTECTION AND RESTRAINING ORDER, FREQUENTLY MENTIONED IN RECENT TIMES DUE TO THE INCREASE IN VIOLENCE AGAINST WOMEN AND CHILDREN, REGULATED?
Matters concerning 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 purpose of this convention is to;
Protect women against all forms of violence, combat violence against women and domestic violence, and prevent and prosecute violence;
Contribute to the elimination of all forms of discrimination against women and promote genuine equality between women and men by empowering women;
Protect and support victims of violence;
Ensure coordination to promote cooperation among all institutions and organizations in combating violence.
WHAT IS THE PURPOSE OF LAW NO. 6284 ON THE PROTECTION OF FAMILY AND PREVENTION OF VIOLENCE AGAINST WOMEN?
Law No. 6284 regulates the rules regarding the measures to be taken for the protection of and prevention of violence against:
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.
HOW IS VIOLENCE DEFINED IN THE LAW?
Violence refers to all kinds of attitudes and behaviors occurring in the social, public, or private sphere that result in, or are likely to result in, physical, sexual, psychological, or economic harm or suffering to an individual, including threats and pressure towards this or the arbitrary deprivation of liberty.
WHO IS A VICTIM OF VIOLENCE?
It refers to the 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, as well as persons who are affected by or are at risk of being affected by violence.
WHAT LEGAL REMEDIES CAN BE FOLLOWED BY WOMEN, CHILDREN, FAMILY MEMBERS, AND VICTIMS OF ONE-SIDED STALKING WHO ARE SUBJECTED TO VIOLENCE OR ARE AT RISK OF BEING SUBJECTED TO VIOLENCE?
Within the scope of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women;
You can request that the perpetrator of violence;
Leaves your home/workplace and prevent them from approaching you.
Prevent them from damaging your personal belongings and household goods.
Prevent them from bothering you via phone/e-mail/social media/or other means of communication.
Request the confiscation of their weapon, if any.
Ensure that they do not use alcohol or drugs or stimulating substances in the place where you are located, or approach you while under the influence of these substances, and in case of addiction, ensure their examination and treatment, including hospitalization,
In addition to these;
You can request to go to a shelter.
You can request temporary protection.
You can request that your identity/address/and all other information be concealed or changed in official records.
You can request to benefit from temporary financial assistance 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 Governorate or District Governorate
HOW LONG DOES IT TAKE FOR A PROTECTION AND RESTRAINING ORDER TO BE ISSUED?
Requests for protection and restraining measures are issued on the same day the application is made or within 1-2 days, depending on the workload of the courts/administrative authorities.
WHAT IS THE DURATION OF A PROTECTION AND RESTRAINING ORDER AND CAN IT BE EXTENDED IF NECESSARY?
A protection and restraining order can be issued for a maximum of six months. However, in cases where it is understood that violence or the risk of violence will continue, the judge may decide, ex officio or upon the request of the protected person, to change the duration or form of the order, to revoke the order, or to extend it as it is.
WHAT HAPPENS IF THE PERPETRATOR OF VIOLENCE DOES NOT COMPLY WITH THE PROTECTION AND RESTRAINING ORDER?
In the event of non-compliance with the protection measures prescribed in the provisions of Law No. 6284 and acting contrary to the requirements of the order, the judge may decide on a coercive imprisonment (tazyik hapsi) of 3 to 10 days. For each repetition of the violation of the injunction, the duration of the coercive imprisonment shall be from 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 THIS SITUATION?
It is mandatory to report all forms of violence to official authorities or bodies.
The Ministry
Law Enforcement Officers
Public Prosecutor
may request a precautionary order ex officio for the person subjected to violence, even without their request.