How to Get a Restraining Order in Turkey: Application, Protective Measures and Breach

1. What is a restraining order in Turkish law?

“Restraining order” (uzaklaştırma kararı) is an everyday term. The legal basis is Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women, which provides two kinds of measures (Law No. 6284, arts. 3–5 [1]):

• Protective measures protect the victim: shelter, temporary financial aid, temporary police protection where life is at risk, a change of workplace, a separate residence for a married person, and similar.
• Preventive measures restrict the abuser: removal from the home, a ban on approaching the victim and a ban on contact. What people call a “restraining order” is usually one or more of these.

The law defines violence broadly: physical and sexual violence, but also psychological, verbal and economic violence, threats and pressure, and arbitrary restriction of freedom (Law No. 6284, art. 2 [1]). A physical attack is not a precondition; a risk of violence is enough.

2. Who can apply?

The law protects women, children and family members who suffer or are at risk of violence, and victims of one-sided persistent stalking (Law No. 6284, art. 1 [1]). In practice this means:

• You do not need to be married or live together. Domestic violence covers violence between family members even if they do not share a household (art. 2); spouses living apart are covered. Violence against women is defined independently of any relationship with the abuser.
• Stalking victims are protected whether or not they have any family or other relationship with the stalker (Implementing Regulation, art. 3 [2]).
• Men can also apply as family members or stalking victims.
• Anyone can report violence or a risk of violence; public officials who receive a report must act without delay (Law No. 6284, art. 7 [1]).

3. Where do you apply?

An order is made at the request of the person concerned, or on application by the Ministry, the police or the public prosecutor. The law allows the request to be made to the judge, governor or police unit that is quickest and easiest to reach (Law No. 6284, art. 8(1) [1]).

In an emergency, call 112 or use KADES, the official app that the General Directorate of Security prepared for women facing violence or the risk of it, which lets them alert the police with one tap (Ministry of Interior [4]). The Ministry of Family and Social Services' ALO 183 line is free and available 24/7 (Ministry of Family and Social Services [5]).

Costs and lawyers

No court costs, fees, postage or other charges are taken for applications under the law or for enforcing the orders (Law No. 6284, art. 20 [1]). The law does not require a lawyer. People who cannot afford one can apply to the legal aid office of the local bar association (Ministry of Justice [6]).

Do you need evidence?

The law sets two separate rules (Law No. 6284, art. 8(3) [1]):

• For a protective measure, no evidence or document proving the violence is required.
• A preventive measure (removal, no-approach and similar) must be made without delay, and may not be delayed in a way that would defeat the purpose of the law.

So you do not need to gather documents before applying. Medical reports, threatening messages, call logs or the names of witnesses can still be mentioned; they may help define the scope of the order and matter if there is an objection.

4. What can the judge order?

The judge may impose one or more of the following preventive measures on the abuser, or any similar measure (Law No. 6284, art. 5(1) [1]):

The judge may also:

• order protective measures such as a change of workplace, a separate residence for a married person or, where the Civil Code conditions are met and the protected person asks for it, a family home annotation on the land register (art. 4 [1]);
• decide on custody, contact and maintenance, and order interim maintenance even without a request where the abuser supports or contributes to the family's upkeep and no maintenance order exists yet (art. 5(3)–(4));
• order the protected person's identity and address to be kept confidential in all official records (art. 8(6)); notices to the protected person are then sent to the ŞÖNİM address (Implementing Regulation, art. 32 [2]);
• arrange for personal belongings and documents to be handed over with police assistance (art. 8(7)).

Removal from the home does not prevent the abuser from continuing to pay rent and utilities for it, and the judge may order them not to terminate the lease while the order lasts (Implementing Regulation, art. 19(3) [2]).

Electronic monitoring

The judge may order technical means to enforce the measures, but these may not be used to listen to, watch or record anyone's voice or image (Law No. 6284, art. 12 [1]). Electronic monitoring (often called an “electronic tag”) is requested from the family court by ŞÖNİM, the police, the victim or the prosecutor; it cannot be applied on its own without an underlying protective order. Monitoring is carried out at a centre within the General Directorate of Security (Electronic Monitoring Regulation, arts. 4, 10, 12 [7]).

5. How long does the order last?

• Duration: at first, up to six months. If violence or the risk of it is likely to continue, the court may, on its own initiative or at the request of the protected person, the Ministry or the police, change the duration or form of the measures or continue them (Law No. 6284, art. 8(2) [1]).
• Lifting: if the risk has ended, the authority that made the order may lift it; the protected person is notified (Implementing Regulation, art. 30(4) [2]).
• Notification: the order is served on both parties, and the abuser is warned that a breach will lead to coercive detention. A refusal is served only on the person seeking protection (art. 8(4)–(5)). An order that has not yet been served can still be enforced (art. 10(5)).
• Monitoring: the police check compliance with preventive orders, including by visiting the protected person's home at least once a week (Implementing Regulation, art. 35(5) [2]).

6. How do you object to an order?

The law allows “those concerned” to object; this includes the person the order is made against and a person whose request was refused (Law No. 6284, art. 9 [1]):

• Deadline: two weeks from the date the decision is announced or served.
• Where: the family court. For a judge's order, the file goes to the next-numbered family court in the same place or, if there is only one, to the civil court of first instance.
• Decision: within one week, and it is final. Objections are normally decided without a hearing, although the judge may hear the parties (Implementing Regulation, art. 34 [2]).

The law does not say that an objection suspends the order, and for electronic monitoring orders the regulation states expressly that it does not (Electronic Monitoring Regulation, art. 14(2)). The person concerned should therefore comply until the objection is decided.

7. What happens if the order is breached?

If the order is breached, the protected person can call 112, use KADES or go to the nearest police or gendarmerie station. The police record the breach in a report, which goes through the prosecutor's office to the family court (Implementing Regulation, art. 38(1) [2]).

Coercive detention

A person who breaches the order is committed by the judge to coercive detention (zorlama hapsi), even if the conduct is also a crime (Law No. 6284, art. 13 [1]):

Coercive detention is not a criminal conviction; it is a sanction to secure compliance. Such decisions are not entered in the criminal record and do not count towards recidivism. They require that the order, including the warning about coercive detention, was announced or served on the abuser beforehand. Coercive detention is normally ordered without a hearing, although the judge may hear those concerned. An objection can be lodged within two weeks (Implementing Regulation, arts. 34, 38 [2]).

Conduct that is also a crime

Measures under Law No. 6284 do not replace criminal proceedings. Where the conduct is also a crime, the rules on protective measures during the investigation and trial, and on enforcing any sentence, still apply (art. 6). For example:

• Stalking: if a person under a removal or no-approach order commits the crime of persistent stalking, the penalty is one to three years' imprisonment. Both investigation and prosecution require a complaint (Turkish Criminal Code, art. 123/A [8]).
• Judicial control in a criminal investigation: instead of arresting a suspect, a criminal judge may impose judicial control obligations such as “not going to specified places or areas”. A suspect who wilfully fails to comply may be arrested (Code of Criminal Procedure, arts. 109, 112 [9]). This is separate from an order under Law No. 6284, and both can apply at the same time.
• Tampering with an electronic tag: damaging or blocking the monitoring device is treated as a breach and is also reported to the prosecutor as a possible crime (Electronic Monitoring Regulation, art. 18 [7]).

8. Hypothetical example

This example is purely hypothetical. A, who lives apart from her husband B, goes to the police late at night and explains that B has threatened her by phone and waited outside her workplace. Treating the matter as urgent, the police chief orders B not to threaten A and not to approach her or her workplace, and sends the file to a judge. The family court judge approves these measures, adds a ban on contacting A by any means and makes the order for three months; it is served on B with the coercive detention warning. Two weeks later B sends A messages on social media. A takes screenshots to the police, who write a report; the file goes via the prosecutor to the family court, which orders coercive detention. A also files a stalking complaint with the prosecutor, which proceeds as a separate criminal investigation.

9. FAQ

Can I get a restraining order without filing for divorce?

Yes. Orders under Law No. 6284 do not depend on any lawsuit, and unmarried people can apply. An order can also be requested during divorce proceedings, and it can be challenged separately from the main case (Implementing Regulation, art. 34(5)).

Can the abuser be removed from a home registered in their name?

The law does not make removal from the shared home, or its allocation to the protected person, depend on who owns it (art. 5(1)(b)). The order does not change ownership; it only governs use of the home while it lasts.

We have reconciled. Does the order end automatically?

No. It remains in force until it expires or the authority that made it lifts it. If circumstances have changed, you can ask the court to lift it (Implementing Regulation, art. 30(4)). The regulation also provides that the police record it in a report if the protected person does not comply with the order (art. 35(7)). How voluntary contact between the parties affects a breach assessment is disputed in practice, so it is safer to apply to the court first.

An order was made against me. Will it appear on my criminal record?

An order under Law No. 6284 is not a criminal conviction, and coercive detention orders for breaches are not entered in the criminal record (Implementing Regulation, art. 38(7)). The outcome of any separate criminal case arising from the same events is a different matter.

Do the measures apply to foreigners living in Turkey?

Generally, yes. The Implementing Regulation defines a victim regardless of nationality, subject to reciprocity (art. 3(1)(n)). Neither the law nor the regulation sets a separate place or procedure for foreign nationals.