How to Obtain a Restraining Order in Turkey

Law No. 6284 provides for protective and preventive measures aimed at protecting persons who have suffered, or are at risk of suffering, domestic violence, persistent stalking, or violence against women. A restraining order is one of these preventive measures, and it keeps a person who has committed or is at risk of committing violence away from the protected person and any shared residence.

Protection under the law is available not only to spouses, but also to engaged couples, family members living together, and victims of one-sided persistent stalking.

A person who has suffered violence, or who is at risk of suffering it, may apply directly to the family court for a restraining order. Where delay would create risk, an application may also be made to the nearest police station; law enforcement may implement the measure immediately with the approval of the local administrative authority and subsequently submit it for the judge's approval.

The application may be made by the victim personally, or brought forward ex officio by the relevant units of the Ministry of Family and Social Services, law enforcement, or the public prosecutor's office.

Under Article 8 of Law No. 6284, evidence or documentation is not required for the measure to be granted; the victim's statement is taken as the basis, and it is sufficient that a risk of violence exists. The purpose of this rule is to prevent a person at risk from being left unprotected and to speed up the process.

The family court judge may issue a decision based solely on the file, without holding a hearing, and on an urgent basis — allowing the order to be implemented quickly.

A restraining order may initially be issued for a maximum of six months; the judge is not bound by the period requested and may set a shorter one. An extension may be requested before the measure expires, and a new application may also be made if the risk of violence continues after the period has ended.

The scope of the order is set out in Article 5 of Law No. 6284: obligations such as the perpetrator not approaching the protected person, their home, school, or workplace; being removed from the shared residence, which is allocated to the protected person; restrictions on contact with the children; not disturbing the protected person through communication devices; surrendering weapons to the police; not using alcohol or drugs; and, where necessary, undergoing examination or treatment. The judge may also award interim maintenance in favour of the protected person; which measures apply is determined by the specific circumstances of the case. Issuing and enforcing the order and pursuing violations are free of court fees and costs.

An objection to the order may be lodged with the family court within two weeks of service (Article 9); the objection is decided within one week at the latest by the next-numbered family court at the same location, and a decision rejecting the objection is final. The objection does not suspend enforcement of the order.

Under Article 13 of Law No. 6284, a person who violates the order is subject to coercive imprisonment, even where the conduct also constitutes a separate offence. For a first violation, the judge may order coercive imprisonment of three to ten days; for a repeat violation, this may range from fifteen to thirty days. The law caps the total period of coercive imprisonment at six months.

The order is notified to the police, and a violation is recorded directly by the police and forwarded to the family court; the protected person does not have to prove the violation separately. Interim maintenance and other provisional measures for spouses in divorce proceedings are covered separately in our article on the types of alimony.

Where should one turn first in an emergency? In a life-threatening situation, call 155 (Police) or 156 (Gendarmerie); the KADES mobile application directs the police directly using location data. The Ministry of Family and Social Services' ALO 183 helpline and the Violence Prevention and Monitoring Centre (ŞÖNİM) in every province provide shelter, legal, and psychological support. Upon an application to the police, the measure may be ordered by the local administrative authority, or by the police chief where delay would create risk, without waiting for a judge's decision.

Can the other party also obtain a restraining order, and does it go on the criminal record? Anyone alleging violence may apply; the judge assesses each application separately, and reciprocal orders are possible. A protective order is not a criminal conviction and is not entered in the criminal record; however, coercive imprisonment for a violation and any criminal case brought over the act of violence have their own separate consequences.

Where is a restraining order obtained in İzmir? The application may be made directly to the family courts at the İzmir Courthouse in Bayraklı (or the Karşıyaka Courthouse for districts within its judicial district), or to the nearest police station or gendarmerie post; the İzmir ŞÖNİM accompanies applicants through the process. Anyone seeking information about obtaining, extending, or addressing the violation of a restraining order may find it useful to consult an İzmir divorce lawyer; our office in Konak provides support in family law matters across İzmir.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy