A restraining order is part of Turkey's legal system introduced through Law No. 6284 on "The Protection of Family and the Prevention of Violence Against Women." This order is applied without discrimination between women and men. Additionally, personal characteristics such as religion, marital status, or sexual preference do not affect the decision to issue a restraining order. Violence is not only a physical phenomenon but can also include economic or psychological violence, which can also be grounds for a restraining order. A restraining order can be issued for the following individuals:

  • Women
  • Men
  • Children (if they experience violence from family members)
  • Other family members
  • Victims of stalking
  • People living together in the same house (if they experience violence from other household members)
  • Individuals in non-marital relationships (such as partners, friends, etc.)
  • Neighbors

How to Obtain a Restraining Order?

To obtain a restraining order, an individual must submit a petition to the Family Court regarding violence or threats of violence. As this is an urgent matter, the application is processed quickly and without a trial. A restraining order is typically issued for victims of physical violence and must be substantiated with evidence such as medical reports or other proof. Individuals at risk of violence can also receive this order. The restraining order is not only about imposing physical distance. It also prohibits the perpetrator from visiting the victim's workplace or contacting them via phone or message. There is no set distance specified in the restraining order.

Steps to Apply for a Restraining Order:

  1. Application: The victim of violence reports the incident to the relevant authorities (Family Court or Public Prosecutor). It is important to provide detailed information, evidence, and witnesses when applying.
  2. Submission of Required Documents: During the application, the victim's identification details, reports documenting the violence (medical reports, police records), and witness testimonies may be provided. The decision is based on the type and severity of the violence.
  3. Evaluation and Decision: After the application, the court or prosecutor evaluates the case quickly to make a decision for the protection of the victim. If there is a potential for harm to the victim, a restraining order can be issued, which may include removing the perpetrator from the victim’s home, workplace, or from their children.
  4. Implementation: Once the restraining order is issued, law enforcement agencies enforce it, ensuring that the victim is protected safely without being displaced.

Duration and Conditions of the Restraining Order:

The restraining order is typically issued for up to 6 months but can be extended if needed. The duration depends on the victim's security and the severity of the situation. Additionally, if the perpetrator does not comply with the restraining order, criminal charges may be applied.

Scope of the Restraining Order:

  • The perpetrator can be removed from the victim’s home, workplace, school, or certain designated areas.
  • The victim’s children can also be ensured safety.
  • The perpetrator can be restricted from all communication channels with the victim and their family to prevent further physical or psychological harm.

Violation of the Restraining Order and Penalty Process:

The restraining order is generally valid for 6 months. If the order expires before the end of the period, the victim can reapply for an extension. If the perpetrator violates the restraining order, the Family Court may impose imprisonment for 3 to 10 days for the first violation. The prosecution will carry out this penalty. If the order is violated repeatedly, imprisonment for 15 to 30 days may apply. Once the restraining order expires, all obligations related to the perpetrator are lifted, and the order automatically terminates.

Support Provided by ARSA:

The Afghan Refugees Solidarity Association (ARSA) helps individuals who are victims of violence become aware of their rights and provides support throughout legal processes. We guide victims on their legal rights and protective measures in Turkey. Additionally, we offer services such as safe shelter, psychological support, and legal counseling for victims of violence. If you or someone you know is a victim of violence, you can contact us for guidance and support in the process of applying for a restraining order.