What Is a Protection or Restraining Order, and Is There a Fee?

Under Article 4 of Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women, protective and preventive measures may be ordered for victims of violence or persons at risk of violence. One of the most frequently applied measures is the restraining (stay-away) order. A restraining order requires the person who used or may use violence to stay a certain distance away from the victim’s home, workplace, or places the victim frequently visits.

Applications to the family court or the public prosecutor under Law No. 6284 for a precautionary measure do not require any court fee or charge. Under Article 20 of the Law, these applications are exempt from fees and costs. However, if the application is made through a lawyer, attorney fees may arise. Those fees are determined according to the bar association’s minimum fee schedule and the nature of the case.

Submitting concrete evidence is not mandatory when seeking a restraining order. Article 3 of Law No. 6284 provides that violence may be proven by any means, including the victim’s statement. Because of the urgent nature of the application, courts or judges often find the victim’s statement sufficient for a temporary measure. Witness statements, medical reports, police reports, or audio/video recordings nevertheless strengthen the order. • The victim’s statement that they suffered violence • Witness statements • Forensic medicine or hospital reports • Police or gendarmerie reports • Audio and video recordings

A restraining order may be issued for up to six months. It may be extended before expiry if grounds are shown. If the order is breached, coercive imprisonment may be imposed under Article 6 of Law No. 6284. Breach of a restraining order may also constitute an offence under Article 123 of the Turkish Penal Code. A copy of the order should therefore be delivered to the nearest law-enforcement unit, and any breach should be reported immediately.