Family Law
Aug 22, 2025
What is a Restraining Order (Uzaklaştırma Kararı) and How to Obtain It? (Law No. 6284 Guide)
The process of obtaining a Restraining Order (Preventive Measure) under Turkish Law No. 6284, the necessary conditions, enforcement imprisonment sanction, and step-by-step application methods.
What is a Restraining Order (Uzaklaştırma Kararı) and How is it Obtained? (A Legal Guide under Law No. 6284)
One of the most sensitive and critical situations encountered in social life—domestic violence and violence against women—has necessitated special and immediate protection mechanisms in our legal system. At the forefront of these mechanisms are the preventive protection orders, commonly known as a Restraining Order (Uzaklaştırma Kararı). These orders, frequently encountered in legal practice and of vital importance, are regulated by Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women.
The Purpose and Scope of Law No. 6284: Who is Protected?
The legal foundation for a restraining order, Law No. 6284, aims to protect not only women but also family members and even individuals under threat without a family tie.
Article 1 of the Law, titled Purpose, clearly defines its scope:
“The purpose of this Law is to regulate the procedures and principles regarding the measures to be taken for the protection of women, children, family members, and victims of unilateral persistent stalking who have been subjected to violence or are at risk of being subjected to violence, and for the prevention of violence against these individuals.”
This definition deems it sufficient for a protection seeker to be not only a victim of violence but also at risk of violence.
The Concept of Violence in Legal Terms
The Law does not define violence in a narrow scope; it includes various behaviors beyond physical assault. Article 2 of the Law defines violence as:
“Violence: Any attitude and behavior—physical, sexual, psychological, verbal, or economic—occurring in the social, public, or private sphere, which results or is likely to result in physical, sexual, psychological, or economic harm or suffering to a person, including the threat and pressure aimed at this, or the arbitrary restriction of freedom.”
Consequently, threats, economic pressure, insults, and psychological harassment can also serve as grounds for obtaining a Restraining Order.
What is a Restraining Order (Preventive Measure) and What Does It Cover?
The legal institution commonly known as a "Restraining Order" (Uzaklaştırma Kararı) falls under the category of Preventive Measure Decisions (Önleyici Tedbir Kararları) regulated by Law No. 6284. These orders are issued against the perpetrator of violence to stop potential or ongoing violence and to ensure the safety of the victim.
Preventive measure decisions are issued by the Family Court Judge (Aile Mahkemesi Hâkimi) and may include one, several, or similar measures deemed appropriate for the nature of the incident, as stipulated in the Law.
Principal Preventive Measures Issued by the Judge (Article 5)
Article 5 of the Law clearly lists the principal preventive measures that a judge may order against the perpetrator of violence. The most common of these, which form the essence of a Restraining Order, are:
Immediate Removal from the Shared Residence: The perpetrator of violence is immediately removed from the shared residence or the place where they are located.
Proximity Prohibition: The perpetrator is prohibited from approaching the residence, workplace, or school of the violence victim or their children. This forms the basis of the actual restraining order.
Non-Contact Order: The perpetrator must refrain from words and behaviors that include threats of violence, insults, humiliation, or degradation towards the victim, and must not harass them using communication tools.
Surrender of Weapons: The perpetrator must surrender to law enforcement agencies any legally prohibited weapons, and even those that are not legally prohibited to possess or carry.
Referral to Treatment: If the perpetrator suffers from alcohol or drug addiction or a mental disorder, the court may order an examination or treatment at a health institution, including mandatory hospitalization.
Interim Alimony (Tedbir Nafakası): If the perpetrator of violence is also the person supporting the family, the judge may award interim alimony (tedbir nafakası) to the victim, even if no request has been made, considering the victim's standard of living.
How to Obtain a Restraining Order? (Application Procedure)
The Restraining Order is the most accessible protection mechanism for victims of violence. The Law is based on the principles of ease of application and the immediate issuance of the decision.
Application Authorities and Method
The victim of violence or the person at risk of violence does not have to file a direct lawsuit to obtain the order. The Law has authorized multiple bodies to act quickly. Applications can be made in writing, verbally, or by any other means.
The main authorities to apply to are:
Family Court Judge: The main competent authority is the Family Court. An application can be made directly to the Family Court via petition.
Law Enforcement Units (Police/Gendarmerie): Victims can apply to the nearest police station or gendarmerie post. Law enforcement immediately notifies ŞÖNİM (Violence Prevention and Monitoring Center) and, in urgent cases, can take measures themselves, submitting them for the approval of the judge or administrative head no later than the first business day following the day the order was issued.
Violence Prevention and Monitoring Centers (ŞÖNİM): They provide support and guidance to victims. They promptly notify the competent authorities (law enforcement, judge) of all reports and complaints.
The Critical Principle: No Evidence or Document Required!
The most crucial element ensuring the ease and speed of obtaining a Restraining Order is the principle that evidence is not required. The Law, recognizing the urgency of the need for protection, has minimized bureaucracy in the issuance of such orders.
The Regulation clearly states this principle:
“For the issuance of a protective measure decision, evidence or documents regarding the application of violence shall not be sought.”
In line with this principle, preventive measure decisions are also issued without delay, based on the existence of strong suspicion of violence or the victim's statement being deemed sufficient.
Exemption from Fees and Costs
Law No. 6284 has made the application process entirely free to facilitate victims' access to legal remedies. According to Article 20 of the Law:
“No costs, including court fees, stamp duties, postage, or similar expenses, shall be charged for applications and for the execution and enforcement of decisions issued within the scope of this Law.”
Duration, Extension, and Appeal of the Order
A Restraining Order provides temporary protection and is limited to a specific period.
Duration and Extension of the Order
According to Article 8 of the Law, the measure can be initially issued for a maximum of six months. However, if it is understood that the violence or the risk of violence will continue, the judge may, ex officio (on their own initiative) or upon the request of the protected person, ŞÖNİM, or law enforcement officers, decide to change the duration or form of the measures, or to continue them as they are (extension).
Right to Appeal
An appeal against the measure decision can be filed within two weeks from the date the decision is announced or served. The decision rendered upon the appeal is final.
Consequence of Violating the Measure Order: Enforcement Imprisonment (Zorlama Hapsi)
The deterrence and effectiveness of the Restraining Order are ensured by the sanctions applied to those who act contrary to the order. If the perpetrator of violence violates the measure decision, enforcement imprisonment (zorlama hapsi) is applied according to Article 13 of the Law.
Enforcement imprisonment is not a criminal sentence but a disciplinary sanction intended to compel the individual to comply with the requirements of the protective order.
Detection of Violation: If a violation of the order is detected by law enforcement, a report is immediately sent to the Family Court.
Duration of Enforcement Imprisonment: The judge may order enforcement imprisonment against the perpetrator who acts contrary to the requirements of the order:
For the first violation, from three days up to ten days, depending on the nature and severity of the violation.
For each recurrence of the violation, the duration of enforcement imprisonment may be from fifteen days up to thirty days, depending on the nature of the violated measure and the severity of the violation.
Total Duration Limit: The Law stipulates that the total duration of enforcement imprisonment cannot exceed six months.
This sanction prevents the Restraining Order from remaining merely on paper and is one of the most effective tools for ensuring the victim's safety.
Conclusion
Law No. 6284 and the Restraining Order regulated under it constitute a vital guarantee for victims of violence. The legislator has simplified the application process by removing the requirement for evidence, making it cost-free, and addressing the violation of the order with the serious sanction of enforcement imprisonment.
Anyone under the threat of violence should immediately apply to the nearest law enforcement unit, prosecutor's office, ŞÖNİM, or Family Court to obtain this order, thereby activating the legal shield of protection without delay.
Receiving professional legal support during this process is of great importance for both the correct and swift progression of the application and for effective action against possible violations. It should be remembered that the Restraining Order is the fastest legal measure available to protect life safety.
Disclamer
