How is a restraining order obtained?

How to Obtain a Restraining Order? Izmir Divorce Lawyer

What is a restraining order?

One of the legal measures actively used, particularly to prevent violence against women, is the restraining order. This order aims to protect the fundamental rights and freedoms of the victim of violence and to prevent future negative consequences.

Law on the Protection of the Family and Prevention of Violence Against Women Article 5 – (1) The judge may decide on one, several or similar measures as deemed appropriate, of the following preventive measures regarding perpetrators of violence: …b) Immediate removal from the shared residence or place of residence and allocation of the shared residence to the protected person…

(2) In cases where delay would be detrimental, the measures in subparagraphs (a), (b), (c) and (d) of the first paragraph may also be taken by the relevant law enforcement officers.

Where to Apply for a Restraining Order?

In order to obtain a restraining order, victims of violence must provide the necessary documents. A restraining order can be requested by submitting a petition to police stations, the Violence Prevention and Monitoring Center, the Public Prosecutor's Offices, or Family Courts. 

To see Violence Prevention and Monitoring Centers near you here You can click.

Who can issue a restraining order?

A restraining order can be issued by a judge, or by law enforcement if delay would be detrimental. Law on the Protection of the Family and Prevention of Violence Against Women It has been organized within the scope of this.

How long does it take to get a restraining order?

The restraining order is usually issued within 1-3 days of the application date.

What happens if the decision is violated?

Those who violate a restraining order may be sentenced to coercive imprisonment for a period of 3 to 10 days.

Law on the Protection of the Family and Prevention of Violence Against Women Article 13 – (1) If the perpetrator of violence, against whom a restraining order has been issued pursuant to the provisions of this Law, acts contrary to the requirements of this order, even if the act constitutes a crime, the court shall decide on a restraining order in accordance with the nature of the violated restraining order and the severity of the violation. They are subjected to coercive imprisonment for three to ten days. (2) For each repeated violation of the precautionary measure, the duration of coercive imprisonment ranges from fifteen to thirty days, depending on the nature of the violated measure and the severity of the violation. However, the total duration of coercive detention cannot exceed six months.

Can a restraining order be appealed?

Those who believe that the restraining order issued against them is unfair or unlawful have the right to appeal against the decision within 2 (two) weeks from the date of its notification or service.

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