If you are subjected to violence, you can demand protection without leaving your house.
If you are subjected to violence or in danger of being subject to violence, you can ask for preventive measures to be taken against the violators or persons who are likely to use violence and also ask these persons to be banished from home. Regardless of marital status, not you, but the person or persons using violence against you, will be banished from home. In accordance with the Family Protection Law numbered 6284 enacted on 8 March 2012 and the Law on the Prevention of Violence Against Women, in domestic violence situations and in the (emergency) cases where delay is prejudicial, the police must take preventive measures against violence without seeking after the decision of court or civilian Authority (District Governorate or governorate).
Which precautions are the police supposed to take in domestic violence situations?
- If you are subjected to violence, the police are supposed to provide appropriate shelter for you and your children.
- If your life is in danger, upon your request or its own initiative, the police are supposed to provide physical protection.
The police is supposed
- to prevent the violator to use threatening, offensive, humiliating and insulting words or behaviors.
- to banish the violator from the shared residence or his whereabouts immediately and to provide the shared residence allocated to you.
- to ensure to prevent the violator from coming close to your residence, school or workplace.
- to ensure to prevent him coming close to your connections and friends and your children without the prejudice to the cases of establishing relationship.
You can request the continuation of the legal measures in the concerned authority following the first week day of the measures being taken by the police.
What Kind of Measures can Family Court Judges provide?
- If you work in the same place with the person who committed violence against you, they can provide to change violator’s workplace.
- If you are married to the violator, they can provide to change the shared residence.
- If you are married to the violator and there is no ‘family residence’ endorsement on the dwelling which you continued your marriage, you can request to have ‘Family Residence’ annotation put on your dwelling.
In accordance with the new law, if there is a life-threatening danger to you from the violators or persons likely to use violence, you may benefit from the 27.12.2007 dated and 5726 numbered Witness Protection Act and request the replacement of ‘your identification and other relevant documents’ from the Family Court Judge.
You Can Also Request Preventive Measure
The new law also provides preventive measures to be taken against the violator or the person who is likely to be violent. From the Family Court, you can request the violator or the person who is likely to be violent ;
- not to threaten you with violence, insult or humiliate you verbally or physically.
- to banish from your shared house or his where about immediately and allocate the shared house to you.
- not to come closer to the protected persons or their house, school or work.
- to meet up with children with an attendant’s accompany and to limit or ban the personal relationship with children completely.
- stay away from you, your children and to those who witnessed the violence.
- not to give any damage to your personal and household belongings.
- not to communicate by means of communication and others and hassle you.
- if he has a gun, you can request him to hand the gun over to police.
- even the violator is a public officer who is required to have a gun, you can still request him to hand the gun over interested authority.
- if he uses alcohol, drug or stimulant drug, you can request him to stay away from you and your children when he is under the influence of drugs.
- you can request the provision of medical examination or treatment of the violator or the person who is likely to be violent from a healthcare organization.
- if the violator is the one who earns money to live on or makes a contribution and if the decision of a prior maintenance order is not available, you can request a temporary alimony.
In accordance with the new law, you can request these temporary injunctions from the judges, civilian authorities (district governorate) or police of the quickest and most easily accessible place.
Document is not required for the temporary injunction for protection. However, for the injunctive decision to be taken, even though implicitly declared, evidence is still stipulated. For this reason do not forget to keep all the evidence like phone messages or e-mails. After being subjected to domestic violence, contact your nearest hospital or family doctor and request a report of the assault. Law no. 6284 provides for the resolution of domestic violence cases urgently, therefore do repeat your request for the decision to be taken without delay. The concept of violence stated by law includes physical violence as well as economic, verbal and emotional violence. For example, even if your spouse does not use physical violence on you; him, not giving you any money, humiliating you by telling that you are old and unattractive, using words to shake your confidence, insulting you means that you are being subjected to emotional violence. In the condition that you are subjected to emotional or verbal violence, you can request to benefit from the mentioned law.
