4. Protection for domestic violence victims and relief granted | Turkey | Fighting Domestic Violence

4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Yes, there are several civil protection orders available to the victims of domestic abuse.

4.1.2 Who can petition for civil protection orders?

The victim, law enforcement officer or public prosecutor can request a petition for a civil protection order. The request can be made to a judge, administrative chief or law enforcement unit, whichever is in the most convenient location.

4.1.3 Are there temporary custody of a child or child support orders?

The court can grant a restraining order naming the children and can prohibit the abuser from approaching the protected person's residence or school.

The court may restrict any personal contact or can completely revoke the right of the abuser to have any contact with the protected child. The court can make this decision regardless of whether the children have been subject to violence.

The judge is authorized to make a decision on the above measures in accordance with the Juvenile Protection Law and the Turkish Civil Code on the issues of guardianship, custody, alimony and personal connection.

If the perpetrator of violence is the sole or partial contributor to the family's financial livelihood, the judge may decide on temporary alimony by taking into consideration the living standards of the victim (even without request), provided that no decision on maintenance had been rendered previously as per the provisions of the Turkish Civil Code.

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes, the judge can order the abuser to move out and remain away from the shared dwelling or the immediate vicinity. The judge can also order the abuser not to approach the protected person, their residence, school and/or workplace.

4.1.5 Are there any other types of emergency, preventive and civil protection orders?

Financial aid, psychological, professional, legal and social guidance, counseling services and temporary protection can also be ordered in favor of the victims.

In addition, a judge can order that the victim be allowed to change their workplace and/or their identity.

The judge can order the abuser not to exhibit behavior that could include threats of violence, insults and humiliation against the victim, and an order not to damage the personal belongings and household goods of the protected person. The judge can also order the abuser not to cause any distress to the victim by means of communication instruments or alternative channels.

The judge can order the abuser to hand over his/her weapons, even if the abuser's weapons are legally owned and/or if the abuser is a person with a profession of public service that requires carrying a weapon.

The judge can also order the abuser not to use alcohol, drugs or stimulants in places where the protected people are present. In addition, the judge can order the abuser not to approach the protected people or their whereabouts while under the influence of these substances and require the abuser to undergo a medical examination and treatment including in-patient treatment in case of addiction. The application of a health center for examination or treatment could be also ordered.

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

If there has been violence or there is a risk of it, anyone can make a report to the official authorities. The public officials who receive the report are obliged to fulfill their duties without any delay and inform the authorities of any measures that need to be taken.

If a crime has been committed against a child, the perpetrator will be arrested without a warrant and the report is not required.

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

The initial civil protection order will be in effect for a period of six months. However, if it is determined that there is a continued risk of violence, the order will be extended or modified upon request of the protected person, ministry officials or law enforcement agencies.

4.1.8 Are ex parte orders permitted without the aggressor being present?

Upon the request for preventive cautionary order, the court will hear the matter without delay. No evidence or report is necessary to initiate the procedure. If the request is granted and the judge issues the order, the abuser will be notified. The order notifies the abuser that they are subject to imprisonment if the order is violated.

However, in the case of a criminal lawsuit, the suspect or accused has the right to be present during the judicial hearing for both the witness's and expert's testimony. However, if the presence of the suspect or the accused may prevent one of the witnesses from testifying truthfully, the judge may rule that the suspect or the accused not be present during that individual's testimony.

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

If necessary, the emergency orders can be extended to the family members of the victim. Law No. 6284 also specifies orders that protect the victim's family members and can include provisions that provide shelter not just to the victim, but also to the children of the victim. Additionally, a judge can also order the abuser not to approach the friends, relatives and/or children of the victim even though they have not been subject to the violence.

4.1.10 How long do the orders last?

Law No. 6284 does not specify how long the orders last. However, Law No. 6284 states that if there is a continued risk of violence, the orders could be extended.

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.

The Ministry of Family and Social Policies established Violence Prevention and Monitoring Centers. The aim of these centers is to help prevent violence and to quickly and efficiently implement the protective and preventive measures. These centers operate 24 hours a day, seven days a week.

One of the main tasks of the Violence Prevention and Monitoring Centers is to build a database by collecting data regarding the protective and preventive cautionary orders, the sentences of preventive imprisonment and the implementation of these orders and acts, and to keep a record of the cautionary orders.

Femicides in Turkey have been on a drastic rise in the past decade. COVID-19 restrictions also increased the gender-based violence and femicides in Turkey. Comparing the figures for March 2019 to March 2020, a 38.2% increase can be seen in cases of domestic violence in Turkey.

Women in Turkey are subjected to violence regardless of their socio-economic status.

According to a Turkish digital tribute platform, in 2020, 300 women died as a result of gender-based violence. Of the victims, 62% were killed by their husbands, ex-husbands or boyfriends; 28% by other male relatives, while 10% were killed by stalkers, neighbors or others.

So far in 2021, 225 women have been murdered.

For further information, please visit the website of the Ministry of Family, Labor and Social Services:

www.ailevecalisma.gov.tr

https://www.ailevecalisma.gov.tr/ksgm/yayinlar/

For official statistics, please visit the following website:

www.tuikweb.tuik.gov.tr

4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?

No evidence or report proving the violence is required to obtain a civil protection order.

4.2.2 Does the victim need to attend a hearing?

The victim of a crime, their attorney and a defense attorney have the right to be present during the judicial inspection, during the witness hearing and during the hearing of the expert's opinion pursuant to Article 84 of the Criminal Procedure Code.

4.2.3 Can you request remedies?

The relevant person may appeal any decision made on the basis of Law No. 6284 to the family court within two week of receiving the notification. The authority for complaints will decide on the appeal within a week. The decision of the authority for complaints is final.

4.2.4 Are there time limits?

An appeal can be submitted against a decision taken on the basis of Law No. 6284 within two weeks of receiving the notification.

4.2.5 Are there different rules in emergencies?

In crucial cases when any delay could be considered dangerous, some of the measures can be taken by the law enforcement official. The law enforcement chief will present a report to the administrative chief for approval on the next working day after the decision is made. If the administrative chief does not approve the decision, the decision will be abolished within 48 hours. Where the judge is competent to decide to order the measure, the law enforcement chief will present a report to the judge on the next working day after the decision is made, and if the judge does not approve the decision, it will be abolished within 24 hours.

4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

The judge is entitled to decide which protective measures will be applied through the order.

4.3.2 Are there age limits on who can obtain orders?

There is no age limit 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?

There are no court expenses, fees, mailing expenses, etc., for applications or other processes during the execution and implementation of the civil protection orders.

Victims, subject to the protective cautionary decision, who do not have general health insurance, will be considered for dependent health insurance without an income test.

If a person is required under the preventive cautionary order to participate in rehabilitation or treatment, the rehabilitation expenses that are not covered by general health insurance and the cost of other health expenses required by rehabilitation services will be covered by the budget of the Ministry of Family and Social Policies.

4.4.2 Can they recover wages and profits lost?

Pursuant to Article 17 of Law No. 6284, the victim is eligible for temporary financial aid. If financial aid is ordered, one-thirtieth of the annual national minimum wage will be provided to the victim on a daily basis if the victim is over the age of 16. If there are multiple protected people, an additional sum of 20% of this amount will be paid to every additional individual. However, the amount to be paid cannot exceed one-and–a-half times of the daily payment. If shelter is provided to the victim, the amounts stated above will be reduced by 50%. These payments are made from the ministry's fund opened for temporary financial aid.

These payments are exempt from income tax, inheritance and transfer tax. In addition, receipts of these payments are exempt from stamp duties.

Additionally, the judge may decide on temporary alimony by considering the living standards of the victim.

4.4.3 Is a separate civil process required?

No, a separate civil process is not required in relation to civil protection orders. However, pursuant to Article 24 of Section II.1. of the Turkish Civil Code, a victim of certain types of crimes may petition a judge for a civil protection order. The claimant has the ability to demand the court take action to prevent the assault, eliminate a threat, and determine the unlawful consequences of the assault even though the assault is over.

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