4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes, according to Law No. 174/2018 (which supplements Law No. 217/2003 on Preventing and Fighting Against Domestic Violence), victims can apply for a provisional protection order (in accordance with Article 52 of the Istanbul Convention) if a victim is in immediate danger and a protection order for long-term protection.
4.1.2 Who can petition for civil protection orders?
Victims of domestic violence committed by a family member can apply. Other parties can also apply on behalf of the victim.
Domestic violence can cover many forms of abuse, including physical and verbal violence, psychological violence, and sexual, economic, social and spiritual violence. Family members can include husbands, wives, brothers, sisters, people who have a relationship similar to a husband/wife, ex-spouses, guardians and legal representatives.
4.1.3 Are there temporary custody of a child or child support orders?
Law No. 287/2009 allows the child protection authorities to apply for an order in the guardianship court to remove a child from their parents if their life, health or development is endangered.
If the circumstances change and the child is no longer endangered, the child can be returned to their parents.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes, there is a provision that the abuser has to move out of the home, even if they own it. They can also be ordered: (i) to stay a minimum distance away from the victim (including from their workplace, school, etc.); (ii) to stay away from certain places or designated areas that the victim attends or visits regularly; and (iii) not to telephone or email the victim.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
A provisional protection order is an emergency order issued by the police for up to five days. The prosecutor has to obtain a court order to confirm it and they can prolong the provisional protection order until a protection order can be obtained.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Yes. Under Article 28 of Law No. 217/2003 on Preventing and Fighting Against Domestic Violence, an application for a protection order can be filed on behalf of a victim by the victim's representative, a prosecutor, social services or another competent authority with the consent of the victim.
The victim can also choose to withdraw the application made by someone else.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
See above (provisional protection orders for emergencies and protection orders).
4.1.8 Are ex parte orders permitted without the aggressor being present?
Provisional protection orders can be issued without the presence of the aggressor.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
A protection order will protect the children where the aggressor is banned from the home, and it can order the removal of the children to a temporary care home and restrict custody.
It can also order the aggressor to maintain a prescribed distance away from the victim and other members of the victim's family.
4.1.10 How long do the orders last?
Protection orders last for a maximum period of six months. After its expiration, the victim can reapply for a further protection order if the same conditions apply.
A provisional protection order lasts for five days but it can be extended until the protection order is granted.
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?
A police officer can issue a provisional protection order immediately based on an on-site assessment of risk from what they see or any materials they have access to (such as texts, online materials, photos, etc.). Within 48 hours of issuing the provisional protection order, the police officer needs to provide supporting statements and evidence to the prosecutor to provide to the court.
4.2.2 Does the victim need to attend a hearing?
4.2.3 Can you request remedies?
Yes, you can request a provisional protection order and civil remedies (e.g., damages).
4.2.4 Are there time limits?
4.2.5 Are there different rules in emergencies?
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
4.3.2 Are there age limits on who can obtain orders?
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
4.4.2 Can they recover wages and profits lost?
4.4.3 Is a separate civil process required?
