Quick summary: Anyone who has been subjected to violence or is at risk of violence can obtain a restraining and protection order under Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women. To apply, simply go to the nearest police station, public prosecutor's office, or family court; no evidence is required, no court fees are charged, and there is no marriage requirement. The order is issued initially for a maximum of 6 months, and a violation results in 3 to 10 days of coercive imprisonment.
If you are in an emergency: Police 155, Gendarmerie 156, Social Support Line 183. With the KADES app, you can call law enforcement by sharing your location with a single tap. The legal process described in this article comes after your safety has been secured.
What Is Law No. 6284 and Who Does It Protect?
Law No. 6284, which entered into force in 2012, aims to protect women, children, family members, and victims of unilateral persistent stalking who have been subjected to violence or are at risk of violence. The Law covers not only physical violence but also psychological, verbal, sexual, and economic violence. No marital bond between the parties is required for protection: measures can also be ordered against divorced spouses, fiancés, partners, former partners, relatives living in the same home, and persistent stalkers. Men can also benefit from protection as family members.
Where and How Is a Restraining Order Obtained?
There is no single authority to apply to; it is enough to apply to whichever one you can reach fastest:
- Police or gendarmerie: Open 24/7. In cases where delay would be harmful, the law enforcement chief can directly impose certain protective and preventive measures (removal from the residence, no-approach orders); the decision is submitted to a judge for approval by the next business day at the latest.
- Public prosecutor's office: The complaint and the request for measures are made together; the prosecutor's office also opens a criminal investigation.
- Family court: You can apply directly with a petition. The judge usually issues protective orders on the same day and without holding a hearing.
- ŞÖNİM (Violence Prevention and Monitoring Center): Provides psychosocial support, shelter, and legal guidance.
The application is exempt from fees and a lawyer is not mandatory; however, having a lawyer makes a significant difference in defining the scope of the order correctly and in keeping it consistent with any divorce or criminal cases to be filed later. If requested, a free lawyer can also be assigned through the bar association.
Is Evidence Required?
Article 8 of the Law is clear: for a protective measure to be ordered, no evidence or documentation is required to show that violence was committed. The victim's statement is sufficient. For preventive measures as well, a decision is issued immediately where delay would be harmful. That said, medical reports documenting injuries, message records, witness names, and previous complaints broaden the duration and scope of the order, and are also used in criminal and divorce proceedings.
Measures That Can Be Ordered
| Protective Measures (in favor of the victim) | Preventive Measures (against the perpetrator) |
|---|---|
|
|
Interim alimony: Together with the restraining order, the judge may order interim alimony in favor of the victim and the children even without a separate request. This alimony is independent of the interim alimony in a divorce case and remains valid for the duration of the order.
Duration of the Protection Order
A protection order is issued initially for a maximum of six months. If it becomes clear that the violence or danger is continuing, the judge may extend the term, modify the measures, or lift them, either at the victim's request or on the court's own initiative. At the end of the term the order expires automatically; if you wish to continue being protected, a new application must be made before it expires. In practice, judges issue the initial order for an average of 1 to 3 months; the description of the concrete danger and the presentation of evidence directly affect this duration.
What Happens If the Order Is Violated?
A person who violates a protection order is punished with coercive imprisonment of three to ten days, even if the act separately constitutes a crime. With each repetition, the term of coercive imprisonment is increased to between fifteen and thirty days; the total term cannot exceed six months. The family court issues the coercive imprisonment order. To prove the violation, message records, call logs, security camera footage, and witness statements should be collected.
Can the Order Be Appealed?
Yes. An objection to a protection order can be filed with the family court within two weeks from the date the decision is announced or served. The objection is reviewed by the next numbered family court in the location of the court that issued the decision and is decided within one week at the latest. The decision on the objection is final. A person who believes the order was unjustly issued may request that its scope be narrowed (for example, to allow contact with the children to continue).
The Relationship Between a Restraining Order and a Divorce Case
A protection order obtained under Law No. 6284 can be obtained independently of and before a divorce case. However, the two processes affect each other: the protection order and the incidents of violence on which it is based constitute strong evidence in a contested divorce with respect to determination of fault, custody, and non-pecuniary damages. Conversely, an order obtained through a false statement can be used against the person in the divorce case and can also raise the offenses of slander and false statements.
Frequently Asked Questions
Is evidence required for a restraining order?
No. No evidence or documentation is required for protective measures; the victim's statement is sufficient. Evidence positively affects the scope and duration of the order.
How long does a restraining order last?
A maximum of six months initially. It can be extended if the danger continues; a new application must be made before the term expires.
I'm not married. Can I obtain a restraining order against my partner?
Yes. The Law also covers victims of unilateral persistent stalking; there is no requirement of marriage or living in the same home.
Do you need to obtain a protection order because of violence or persistent stalking? To have your application petition prepared correctly and handled together with divorce/criminal proceedings, request a consultation at our office in Bakırköy or explore our Family Law services.
Related articles: How to File a Divorce Case · How Is Alimony Calculated?
Kasım Ergün — founder of Avrasya Law Office. He practices law in Bakırköy, Istanbul, in the areas of family, labor, criminal, real estate, and enforcement law. Our Team
This article is for general informational purposes and does not constitute legal advice. Legislation and case law may change; please consult a lawyer for your specific situation.
