ENTRANCE
Law No. 6284 entered into force on March 20, 2012, and introduced comprehensive legislation to
protect victims of violence within the Turkish legal system. The law was drafted in accordance with
the obligations of being a party to the Istanbul Convention and aims to protect victims of violence.
In this context, the protective and preventive measures envisaged within the law aim to ensure the
safety of victims and prevent violence.
1-) What are Protective and Preventive Measures?
Law No. 6284 regulates protective and preventive measures under two main headings:
Protective Measures:These are the measures implemented to ensure the safety of the victims.
Preventive Measures:These are measures taken against the person who perpetrates violence and aim to prevent the
recurrence of violence.
2-) Protective Measures
Protective measures that may be taken by civil authorities and judges include:- Providing shelter:Providing appropriate shelter to the victim of violence and, if necessary, their children,
either where they are or elsewhere.- Temporary Financial Aid:Providing temporary financial assistance to victims of violence, without prejudice to
assistance provided under other laws.- Guidance and Consultancy Service:Providing psychological, professional, legal and social guidance
and consultancy services.- Temporary Protection:In case of a life-threatening situation, the person concerned is placed under temporary
protection upon request or ex officio.- Change of Workplace:Changing the workplace of the victim of violence.- Change of Residence:In case the victim is married, a separate residence must be determined apart from the joint
residence.- Family Residence Commentary:In case the conditions in the Turkish Civil Code are met and upon the request of the protected
person, a family residence entry is added to the land registry.- Change of Identity and Information:Change of the victim’s identity and related information and documents.
3-) Preventive Measures
Preventive measures are measures implemented against the perpetrator of violence and aim to
prevent the recurrence of violence.These measures include:- Restraining Order:Removing the perpetrator of violence from the location where the victim is located.- Prohibition on Not Getting Closer:The person who uses violence should not approach the victim within a certain distance.- Communication Ban:The person who uses violence does not establish any kind of communication with the victim.- Leaving the House:The violent person leaves the family home.- Acquisition of Weapons:Confiscation of weapons from the perpetrator.
4-) Implementation Process of Measures
Precautionary measures may be issued by a judge, civil authority, or law enforcement officer. These measures may be
implemented immediately in cases where delay would be detrimental. Violations of these measures may result in
sanctions such as forced imprisonment.
5-) Measures that can be taken within the scope of Law No. 6284
A-) Restraining Order
A restraining order is a measure issued to ensure the safety of a victim of violence. This order involves
removing the perpetrator from a location such as the victim’s residence, workplace, or school. A
restraining order prevents the perpetrator from contacting, approaching, or harassing the victim. This
order is temporary and can be extended if necessary to ensure the victim’s safety. A person who
violates the restraining order may be subject to mandatory imprisonment. A first violation can result in
a prison sentence of 3 to 10 days, and a repeat violation can result in a prison sentence of 15 to 30
days.
B-) Protection Order
A protection order is a measure issued to protect a victim of violence. This order includes
various measures to ensure the victim’s safety. This order may include measures such as
changing the victim’s residence, controlling their means of communication, or temporarily
relocating the victim. A protection order is applied temporarily to ensure the victim’s safety
and may be extended if necessary.
C-) Privacy Decision
A confidentiality order is a measure that ensures the confidentiality of a victim’s identity, address, and other
personal information. It ensures the confidentiality of the victim’s identity, address, and other personal
information. A confidentiality order is implemented to ensure the victim’s safety and prevent the misuse of
their identity.
D-) Identity Change
In life-threatening situations, it is possible to change the victim’s identity. This process is done
to ensure the victim’s safety, and a new identity is created by changing the victim’s identity.
Changing the identity is a last resort to ensure the victim’s safety.
is applied as .
6-) Consequences of Acting Against Measures
A-) Coercive Imprisonment
Persons who fail to comply with the measures may be subject to forced imprisonment. Forced imprisonment is disciplinary and is not recorded
in the criminal record, but it acts as a deterrent for non-compliance. For a first violation, a forced imprisonment of 3 to 10 days is possible, and
for repeat violations, a forced imprisonment of 15 to 30 days is possible.
B-) Objection and Cancellation
Appeals may be filed against the measures. Appeals are evaluated and decided by the relevant courts. If the
court upholds the appeal, it may revoke or modify the measure.
7-) Precautionary Decisions That Can Be Made by Law Enforcement
a)Providing suitable shelter for him/her and, if necessary, for the children accompanying him/her, either where
he/she is or elsewhere.
b)Providing temporary financial assistance, without prejudice to assistance provided under other laws.
c)Providing psychological, professional, legal and social guidance and consultancy services.
c)In case of a life-threatening situation, the person concerned is placed under temporary protection upon request or ex officio.
d)If necessary, if the protected person has children, providing a daycare facility to support their participation in
working life, for a period of four months, or two months if the person is employed, provided that it does not
exceed half of the monthly net minimum wage determined annually for those over sixteen years of age and is
documented, provided that it is covered from the relevant section of the Ministry’s budget.
😎 Protective Measure Decisions to be Made by the Judge
The judge may decide on one or more of the following protective measures or similar
measures deemed appropriate for persons protected under this Law:
a)Change of workplace.
b)In case the person is married, determining a separate residence from the joint residence.
c)In case the conditions in the Turkish Civil Code No. 4721 dated 22/11/2001 are met and upon the request of the
protected person, a family residence entry is added to the land registry.
c)In case there is a life-threatening situation for the protected person and it is understood that other measures will not be
sufficient to prevent this danger, and based on the informed consent of the person concerned, changing the identity and other
relevant information and documents in accordance with the provisions of the Witness Protection Law No. 5726 dated
27/12/2007.
9-) What is a Restraining Order?
A restraining order is a protective measure enshrined in Law No. 6284 on the Protection of the Family
and the Prevention of Violence Against Women. Those who are subjected to violence, whether male or
female, must file a complaint with a family court judge, police station, or public prosecutor.
The person can explain the danger or violence they are experiencing. A protective order can then be issued upon
request. A restraining order can be considered an extension of the protective order. However, a restraining order can
only be issued by a family court judge.
10-) Situations in which a restraining order may be issued
A-) Risk of Violence:The perpetrator threatens to use physical, psychological, sexual or
economic violence against the victim or has used it in the past and there is a possibility that
this situation will continue.
B-) Life Safety is in Danger:In cases where the life safety of the victim or the victim’s children is in danger,
the person perpetrating violence must be removed from the place where the victim is located.
C-) The Need to Prevent the Violator from Contacting the Victim:When there is an opinion that the victim may
be harmed if he/she is in the same residence with the person perpetrating violence or communicates with this
person.
D-) Discretionary Power of the Court:The law grants a judge the authority to issue a restraining order when deemed
necessary for the victim’s safety. This decision takes into account the victim’s testimony, witness statements, and the specific
circumstances of the incident.
E-) Situations Requiring Emergency Protection:The judge may temporarily remove the perpetrator of violence
in order to protect the victim from law enforcement.
In summary: A restraining order is issued when it is necessary to prevent the perpetrator of
violence from approaching the victim to protect their life and property. This order is temporary,
but can be extended if necessary, and if violated, forced confinement is imposed.
11-) What to Do to Obtain a Restraining Order
To obtain a restraining order, a petition must first be filed with the relevant authorities. A person who has been
subjected to violence or is at risk of violence can request a restraining order by submitting a petition to ŞÖNİM
(Voice and Emergency Management Presidency), law enforcement, Family Courts, or the Chief Public Prosecutor’s
Office.- The victim of violence must clearly include information about the incident or threat of
violence in their petition. It is even important for the victim to include a medical report in their
request.- Once the victim’s request reaches the relevant authorities, a decision will be made regarding the duration
of the restraining order. Restraining orders are issued promptly. If the other party continues to pressure or
threaten the person during the process of requesting a restraining order, a new request can be made, and
the urgency of the situation can be explained by contacting the relevant institution or individuals to expedite
the process.
12-) Persons Whom a Restraining Order May Be Issued
Although restraining orders were introduced into our legal system by Law No. 6284 on the Protection of the
Family and the Prevention of Violence Against Women, there is no discrimination between men and women
for victims. Furthermore, the victim’s religion, marriage, or sexual orientation do not make any difference in
the issuance of a restraining order.- Women,
- Men,- Children (if they are subjected to violence by family members)- Other family members,- Victims of persistent stalking,- People living together in the same house (If they are subjected to violence by another person living in the house)- People who are not in a marriage union (lovers, friends, etc.)- Neighbors
Restraining orders aren’t issued in the same way for everyone. For example, if someone living in the same
household is violent or is likely to be violent, a restraining order can be issued upon complaint.
Additionally, a restraining order must be issued for a specific distance. Whether a person is married or single
is irrelevant for a restraining order to be issued. In other words, a person can request a restraining order for
their partner, ex-partner, or husband/wife.
A restraining order can be issued for women, children, family members, or individuals who are victims of stalking. These
individuals do not need to be a spouse to be granted a restraining order. Individuals of the same or opposite sex living
in the same household may also seek a restraining order in cases of violence against each other. Children living in the
same household with their parents who are victims of violence may also seek a restraining order against their parents.
Marriage is not a requirement for a restraining order to be sought. Individuals living in the same household or who are
not married and who are subjected to violence or are at risk of violence may also seek a restraining order.
13-) Who Issues a Restraining Order?
Because a restraining order is a preventive protective measure, it can only be issued by a judge. The person who can
issue this restraining order is a Family Court judge. The law provides an exception to this rule. If there is a high degree
of urgency in obtaining a protective order issued by a Family Court judge and delay is deemed hazardous, the law
enforcement officer may also issue this order. The law enforcement officer must submit the document to the judge for
approval no later than the first business day following the date of the order. Measures not approved by the judge
within twenty-four hours are automatically lifted.
A court decision is issued regarding the measures approved by the judge. This decision is notified to the relevant parties.
Extensions to the duration of measures approved by the judge, and objections to the measures are submitted to this court.
CONCLUSION
Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women is a
critical legal regulation in Türkiye for protecting victims of violence and ensuring domestic security.
The protective and preventive measures envisioned within the law aim to protect victims’ right to life
and safety, prevent the recurrence of violence, and raise public awareness.
In practice, resource shortages, staff training needs, and public perception issues
sometimes limit the effectiveness of the law. Therefore, training programs, strengthening
services, establishing monitoring and evaluation mechanisms, and raising public
awareness are crucial for more effective implementation of these measures.
In conclusion, while Law No. 6284 provides a comprehensive legal framework for the protection of victims of
violence, increasing the effectiveness of the measures envisaged by the law and addressing deficiencies in
implementation are of vital importance for both the safety of victims and the achievement of social justice.
PROTECTIVE AND PREVENTIVE UNDER LAW NO. 6284
MOST WONDERED QUESTIONS ABOUT MEASURES
1-) What is Law No. 6284?
Law No. 6284 is a law enacted to prevent domestic violence and violence against women,
protect victims and raise social awareness.
2-) What is a protective measure?
Protective measures are measures taken to ensure the safety of victims of violence. These include
measures such as shelter, financial assistance, and counseling.
3-) What is a preventive measure?
Preventive measures are measures taken against the perpetrator and are intended to prevent the violence from
recurring. Examples include restraining orders, contact restrictions, and home evacuation.
4-) Who can provide protective measures?- Judge or Family Court,- Civil authorities,- Law enforcement officers may decide to take protective measures in emergency situations where delay would be
detrimental.
5-) Who can give preventive measures?
Preventive measures are also decided by the judge; in emergency situations, law enforcement officers may implement them ex officio.
6-) What are the protective measures?- Providing shelter,- Temporary financial assistance,- Guidance and consultancy services,- Temporary protection,- Change of workplace or place of residence,- Family residence annotation,- Change of identity and information.
7-) What are the preventive measures?- Restraining order,- Prohibition of not getting close,- Communication ban,- Leaving the house,- Retrieval of weapons.
😎 How long will the measures be implemented?
The period of caution is determined by the judge and can be changed or extended, taking into account the safety of the victim
and the nature of the violence.
9-)What happens to a person who does not comply with the measures?
A person who fails to comply with the injunction may face imprisonment, a fine, or other legal
sanctions.
10-) How are precautions implemented in emergency situations?
In cases where delay is detrimental, law enforcement officers or civil authorities shall immediately implement the precautionary
measures ex officio.
11-) Does the precautionary decision also cover children?
Yes. Shelter, temporary protection, and other protective measures may be applied to child victims.
12-) Are the measures only valid for women?
No. Law No. 6284 covers women, children, and other victims of violence. However, in practice, women
victims receive priority protection.
13-) Can precautionary measures be appealed?
Yes. If decisions are deemed unlawful, they can be appealed through the Family Court or the
Court of Appeal.
14-) How can the effectiveness of the measures be increased?- Training of law enforcement officers and judges,- Strengthening victim support centers,- Establishing monitoring and control mechanisms,- Effectiveness can be increased through social awareness campaigns.
15-) Are the measures permanent?
No. The measures are temporary and situational; they are in place as long as the risk of violence persists and may be extended
by court order.
The Importance of Legal Support
Protective and preventive measures under Law No. 6284 require technical knowledge, legislative
expertise, and in-depth expertise in judicial practices. While the legal provisions are clear, each
case has its own unique circumstances, and even a minor mistake can lead to loss of rights.
Therefore, working with an experienced attorney from the outset is crucial to determining the
right strategy, protecting your rights, and achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist
lawyer