THE LEGAL DIMENSION OF DOMESTIC VIOLENCE AND RESTRAINING ORDERS WITHIN THE FAMILY

LAW NO: 6284 PROTECTION OF WOMEN AND PREVENTION OF VIOLENCE AGAINST WOMEN

In 2012, Law No. 6284 on the Protection of Family and Prevention of Violence against Women was enacted in Turkey with the aim of preventing violence and violence against women. This law introduces various legal measures and precautions to prevent violence, protect victims, and combat the consequences of violence.

• Objectives of Law No. 6284 on the Protection of Family and Prevention of Violence against Women:

The main purpose of Law No. 6284 is the prevention of violence against women and the protection of women. The primary objectives of the law are as follows:

1. Prevention: Taking preventive measures to prevent domestic violence and raising awareness in society.
2. Protection: Ensuring the safety of victimized women and implementing protective measures.
3. Legal Assistance: Providing legal support and assistance to victims, guiding them through legal processes, and facilitating access to justice.
4. Rehabilitation: Providing psychological, social, and economic support to victims for their rehabilitation.

• Provisions of Law No. 6284 on the Protection of Family and Prevention of Violence against Women:

Law No. 6284 contains various provisions aimed at preventing violence. Here are some important provisions:

1. Protective and Emergency Measures: Courts can take protective and emergency measures against the perpetrator in cases of immediate danger to the victim’s safety.
2. Restraining Orders and Communication Bans: Measures can be taken to prevent the perpetrator from approaching and communicating with the victim.
3. Shelters and Protection Centers: Shelters and protection centers are established to ensure the safety of victims.
4. Enforcement of Protective Orders: Courts take necessary measures to ensure the effective implementation of protective orders.
5. Legal Support and Counseling: Victims are provided with free legal support and counseling services. Rehabilitation Programs: Victims of violence receive psychological, social, and economic support, and rehabilitation programs are implemented.

Law No. 6284 on the Protection of Family and Prevention of Violence against Women constitutes a significant step towards preventing violence against women in Turkey. The provisions of the law aim to provide effective measures in areas such as protecting victims, punishing perpetrators, rehabilitation, and legal support. However, increasing awareness in society, cooperation between institutions, and the effective implementation of practices are also crucial in this regard.

DOMESTIC VIOLENCE PROTECTION ORDER

Unfortunately, violence against women remains a serious issue in Turkey. To ensure the safety of victims and prevent the recurrence of violence, various legal measures and regulations have been put in place. One of the most significant of these measures is the legal provision known as the “Domestic Violence Protection Order“.

• Definition of the Protection Order:

In Turkey, protective measures against violence towards women are court-issued decisions aimed at ensuring the safety of the victim and preventing the perpetrator from approaching or communicating with the victim. These orders are considered preventive measures to secure the safety of the victim, protect them from danger, and prevent further violence.

• Contents of the Protection Order:

In Turkey, a protection order includes various measures to ensure the safety of victims. Laws and practices may change over time, but generally include the following:

1. Non-Approach and Communication Ban: The perpetrator is legally required to stay away from and not communicate with the victim. This includes any form of contact, whether physical, electronic, or through any communication channel.
2. Temporary Housing: Measures such as removing the victim from the vicinity of the perpetrator and temporarily relocating them to another residence may be taken to ensure their safety. Shelters and protection centers are provided for victims of violence in Turkey.
3. Arrangements Concerning Shared Children: If the victims have shared children, within the framework of the protection order, provisions regarding custody, visitation arrangements, and measures to ensure the safety of the children may be determined.
4. Monitoring and Supervision: In cases of enforcement and violation of the protection order, authorities implement monitoring and supervision mechanisms to ensure the safety of the victim throughout the process.
5. Criminal Sanctions: Perpetrators who violate the protection order are subject to criminal sanctions under the Turkish Penal Code.

In Turkey, protection orders play a vital role in combating domestic violence and ensuring the safety of victims. These orders are crucial steps taken to protect victims, render perpetrators ineffective, and prevent danger.

However, increasing awareness in society, effective implementation of these orders, and providing necessary support and assistance to victims are also of paramount importance.

HOW TO OBTAIN A PROTECTION ORDER?

Law No. 6284, titled “Protection of Family and Prevention of Violence Against Women,” was enacted in Turkey with the aim of preventing violence and providing protection to victims. To obtain a protection order under this law, you need to follow the steps outlined below:

1. Apply as a Victim of Violence: As a victim of violence, you must apply to the local Family Court for a protection order. In your application, you should provide details of the violence you have experienced and identify the person who perpetrated the violence.
2. Prepare Necessary Documents for Application: To support your application, you need to prepare the following documents:
   • Photos serving as evidence of the violence, medical reports, or other medical documents.
   • Contact information and a copy of the identification document of the person responsible for the violence, or any other information obtainable from official sources.
   • Witness statements or any other documents that may assist in proving the violence.
3. Apply to the Court: Along with the prepared application documents, you need to submit your application to the local Family Court. The court will initiate a process to examine your application and, if necessary, collect additional evidence.
4. Temporary Protection Order: During the examination process of your application, the court may issue a temporary protection measure. This decision indicates that your application has been accepted, and measures have been taken to prevent the risk of violence. The temporary protection order can take effect immediately upon acceptance of your application.
5. Announcement of the Protection Order: Following the conclusion of your application, the court may issue a permanent protection order. This order includes the necessary measures to prevent violence against you. The order may involve measures such as a prohibition on contact, a restraining order, or the use of electronic monitoring devices on the perpetrator. The decision is communicated to the relevant authorities and the perpetrator.

The implementation and follow-up of the protection order are carried out by local law enforcement agencies, public prosecutors, and other relevant institutions. Legal proceedings can be initiated against individuals who do not comply with the order. If your application is accepted, and you receive a protection order, you can also seek assistance from local legal aid units or non-governmental organizations providing legal support.

The above steps serve as a general guide. It is important to seek direct legal counsel on how to apply for a protection order according to local court procedures and relevant laws.

CAN A PROTECTION ORDER BE APPEALED?

Protection orders are preventive measures taken to ensure the safety of domestic violence victims and to prevent the perpetrator from approaching or communicating with the victim. However, in some cases, protection orders can be appealed by the victims or other relevant parties. The right to appeal a protection order is an important step in the legal fight for victims.

The right to appeal a protection order means that victims or other relevant parties have the right to request a review or modification of the order if they believe it is erroneous or unlawful. The exercise of this right is crucial for the protection of victims, the establishment of justice, and the realization of fairness.

In Turkey, there is a specific period and procedure for appealing a protection order. Generally, the appeal process may include the following steps:

1. Appeal Petition: The victim or other relevant parties prepare a petition containing their appeals and submit it to the relevant court. The petition should detail the reasons, evidence, and requests for changes.
2. Evaluation of the Appeal: The court reviews the appeal petition and re-examines the decision. A new assessment is made, taking into account the statements of the parties, the evidence, and existing records.
3. Appeal Hearing: The court may hold an appeal hearing to listen to the parties if necessary. In this hearing, the parties present their arguments, submit evidence, and make their defenses.
4. Issuing a Decision: After completing the appeal process, the court issues a new decision. This decision may modify, cancel, or affirm the protection measure.
5. Consequences of the Appeal: Various situations may arise as a result of appealing a protection order. If the court accepts the appeal and changes the decision, a new protection order may be issued. If the appeal is rejected, the existing protection order remains in effect. In either case, it is important to comply with the court’s decision.

The right to appeal a protection order is a crucial step in the legal fight for victims. This right assists victims in seeking justice when they believe a protection measure is flawed or unlawful. The appeal process serves as a necessary mechanism for a fair reassessment and the issuance of a new decision. However, seeking legal support and following the necessary steps correctly during the appeal process is important.

WHAT HAPPENS IF A PROTECTION ORDER IS VIOLATED?

In the event of a violation of a protection order, legal proceedings can be initiated against the person who committed the violation. Violation refers to non-compliance with the measures specified in the protection order or any breach of the order. In case of a violation, the following steps can be taken:

1. Reporting the Violation: When you determine that the protection order has been violated, it is important to first report the situation to the relevant law enforcement authorities or local prosecutor’s office. You should provide detailed information including the name of the violator, the date, location of the incident, and the nature of the violation.
2. Investigation and Inquiry: Upon your report of the violation, law enforcement or the prosecutor’s office will conduct an inquiry to investigate and collect evidence. Any documents, witness statements, or other evidence that may prove the violation will be crucial during the investigation process.
3. Legal Proceedings: When a violation is confirmed, legal proceedings can be initiated based on the outcome of the investigation. These proceedings may include criminal investigation against the violator, a request for arrest, the implementation of restraining measures, or updating existing measures.
4. Strengthening the Protection Measure: A violation of the protection order can diminish its effectiveness. Therefore, you can apply to the relevant authorities to strengthen the order. You may request new measures or ask for updates to existing measures.

Violation of a protection order is a serious offense and can be met with deterrent penalties according to the law. However, since every situation is unique, the exact legal processes and the penalties applied in case of a violation may vary depending on local legal regulations and authorities. Therefore, seeking legal support and contacting local authorities in case of a violation is important.