The Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women regulates the procedures and principles regarding the protection of women, children, family members and individuals who are victims of stalking and measures to be taken to prevent violence against these people.
The Law is based on the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, also known as the Istanbul Convention, because it was signed in Istanbul, and other legal regulations in force.
Protection measures are enumerated in the law and it is also specified by which authority can be decided.
While protective measures aim for the victim to survive and adapt to social and economic life, preventive measures aim to prevent the violent behaviors of the perpetrator against the victim.
Protective cautionary decisions to be taken by the administrative authority
ARTICLE 3 - The administrative authority may decide on one of the following measures, several of them or similar measures deemed appropriate regarding the persons protected under this Law:
a) Providing suitable shelter for woman and, if necessary, for the children, in her location or in other location.
b) Temporary financial aid, without prejudice to the aids to be made under other laws.
c) Providing guidance and counseling in psychological, professional, legal and social.
ç) Taking under temporary protection upon the request of the person concerned or ex officio, in case of life-threatening.
d) If necessary, on condition that it is limited to four months to support the participation of the protected person in working life if there are children, and to two months if the person is working; providing daycare facilities for those older than sixteen years of age, provided that it does not exceed half of the monthly net minimum wage amount determined each year and is covered by the relevant item of the Ministry budget, provided that it is documented.
In cases where delay is inconvenient, the measures specified in subparagraphs (a) and (ç) of the first paragraph may also be taken by the relevant law enforcement chief. The law enforcement chief submits the document to the administrative authority within the first business day following the date of the decision, at the latest. Measures that are not approved by the administrative authority within 48 hours will automatically be aned. "
Protective cautionary decisions to be taken by the judge
ARTICLE 4 -One of the following protective measures, several of them or similar measures deemed appropriate may be decided by the judge regarding the persons protected under this Law:
a) Changing the workplace.
b) Determining a place of residence separate from the common residence in case the person is married.
c) Putting a family residence annotation in the land registry upon the request of the protected person, in the presence of the conditions in the Turkish Civil Code No. 4721, dated 22/11/2001.
ç) 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, if it is understood that there is a vital danger for the protected person and that other measures will not be sufficient to prevent this danger, and based on the informed consent of the person concerned.
Preventive cautionary decisions to be taken by the judge
ARTICLE 5 - One of the following preventive measures, several or similar measures deemed appropriate may be decided by the judge regarding the perpetrators of violence:
(a) Not making any words or behaviors that include threats of violence, insults, humiliation towards the victim of violence.
b) Suspension the perpetrator from the common house or the place where he is located immediately and allocating the common house to the protected person.
c) Prevention of the perpetrator of violence to approach the protected persons, their residences, schools and workplaces.
ç) If there is a decision to establish a personal relationship with the children, personal relationship can be established through a companion or the decision of limitation or complete removal of the personal relationship can be made.
d) The perpetrator, if it is deemed necessary, does not approach the witnesses, relatives and children of the protected person without prejudice to the establishment of personel relations, even if they have not been subjected to violence.
e) Prevention of the perpetrator to damage the protected person's personal belongings and household items.
f) Not disturbing the protected person by means of communication or in any other way.
g) Handing over weapons that are legally permitted to be kept or carried, to law enforcement.
ğ) Even if he performs a public duty that is obliged to carry a weapon, he should give the gun to his institution.
h) Not using alcohol or drugs or stimulants in the places where the protected persons are present, or not approaching the protected persons and their places while under the influence of these substances, providing examination and treatment in case of addiction, including hospitalization.
ı) Applying to a health institution for examination or treatment and providing treatment.
In cases where delay is inconvenient, the measures specified in subparagraphs (a), (b), (c) and (d) of the first paragraph may also be taken by the relevant law enforcement chiefs. The law enforcement chief submits the document for the approval of the judge within the first business day following the date of the decision at the latest. Measures that are not approved by the judge within twenty-four hours are automatically aned.
Along with the measures specified in this Law, the judge is authorized to decide on the protective and supportive measures included in the Child Protection Law dated 3/7/2005 and numbered 5395 and the establishment of custody, alimony and personal relationships in accordance with the provisions of Law No. 4721.
If the perpetrator of violence is the person who contributes to the family, the judge may declare temporary alimony even if it is not requested, taking into account the life level of the victim of violence, provided that alimony has not been ruled in accordance with the provisions of Law No. 4721.
The cautionary decision can be given for a maximum of six months upon the request of the relevant person, the Ministry, law enforcement officers or the public prosecutor. Subsequently, it may be decided to continue or cancel the cautionary decision. After the cautionary decision is made, the decision is immediately notified to the perpetrator of violence. It is possible to object to the family court by those concerned within two weeks. The decision made upon the objection is final and given within a week.
In case of violation of the cautionary decision, the perpetrator of violence is subject to forced imprisonment from three to ten days. If the violation is repeated, the period is between fifteen and thirty days, provided that it does not exceed six months in total.