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ExitClear HistoryTürkçe
ŞİDDET NEDİR? ŞİDDETE KARŞI BAŞVURULABİLECEK YERLER ŞİDDETE KİMLER MARUZ KALIR? HUKUK KLİNİKLERİ MEVZUAT ve ÖNEMLİ LİNKLER ETKİN ADALET / UYGULAYICILAR İÇİN

WHICH MEASURES ARE TAKEN AGAINST THE VIOLENCE?

WHAT KIND OF DECISIONS COULD THE JUDGE MAKE?

The judge could grant the protective and preventive cautionary decisions. The victim have no obligation to present a proof or document regarding the violence for the protective cautionary decisions.

WHAT ARE PRORECTIVE CAUTIONARY DECISIONS TO BE GRANTED BY THE JUDGE?

  • To change the workplace of the victim
  • To decide a house settlement different from the shared one in the event that the victim is married.
  • To put an annotation to the title deed as a family house if the conditions are applicable as contained within the Turkish Civil Code and upon the request.
  • To change the identification and other related information and documents based on the informing and approval of the judge if it is determined that there is a life threatening danger for the victim and the measures to prevent this danger are inadequate.

The judge can decide for the above mentioned or other measures by considering the feature of the case.

WHAT ARE PREVENTIVE CAUTIONARY DECISIONS TO BE GRANTED BY THE JUDGE?

  • To prevent the perpetrator of violence from exhibiting an attitude and behaviors including the threats of violence, insult and humiliation against the victim of violence.
  • To move the perpetrator of violence from the shared dwelling immediately and to allocate the shared dwelling to the protected person,
  • Not to approach the perpetrator of violence to the protected persons and their residences, workplaces and schools
  • If there is a previous decision to allow having a personal connection, to have a personal connection with the children together with a company and to restrict the personal connection or to revoke it completely
  • Not to approach the perpetrator of violence relatives, witnesses and children of the victim (even though they haven’t been subject to the violence) if required
  • To prevent the perpetrator of violence from damaging the personal belongings and household goods of the victim
  • To prevent the perpetrator of violence from causing distress to the victim by means of communication instruments or alternative channels
  • Handing over of the perpetrator of violence the officially permitted and authorized weapons to the law enforcement officials
  • Handing over of the perpetrator of violence the weapon to the employing institution, even if the person is in a profession of public service that requires carrying a weapon.
  • To prevent the perpetrator of violence from using alcohol, drugs or stimulants or approaching the victim or whereabouts while under the influence of these substances and to ensure the perpetrator of violence to have a medical treatment in case of the addiction
  • Applying of the perpetrator of violence to a health centre for examination and treatment and ensuring having a treatment

The judge can decide one of the above mentioned measures, several of them or other similar measures deemed appropriate in regard to the perpetrator of violence. In addition, the judge is authorized to take a decision on protective and preventive measures as contained within the Child Protection Law and on the issues of guardianship, custody, alimony and personal connection as per the Turkish Civil Code.

If the perpetrator of violence is the person who is the provider of or contributor to the family’s livelihood at the same time, the judge may decide on a temporary alimony to the victim even without request. The preventive measures are given without delay.

HOW LONG ARE THE DECISIONS FOR MEASURES MADE?

The decisions can be given for six months at most in the first time. However, this period can be extended by the judge if required.

CAN THE PERPETRATOR OF VIOLENCE BE AWARE OF THE REQUEST OF THE VICTIM WHEN THE REQUEST FOR THE MEASURE ISN’T ACCEPTED?

The protected person and the perpetrator of violence are informed of the decisions to take measure. The decision regarding the dismissal of the measures are informed just the protected person.

IF THE PERPETRATOR OF VIOLENCE ACTS CONTRARY TO THE DECISION TAKEN BY THE JUDGE, WHAT OCCURS?

The judge decides that the perpetrator of violence shall be subject to the constraint imprisonment from 3 to 10 days. In each recurring action contrary to the requirements of the cautionary decision, the period of the constraint imprisonment shall be from fifteen to thirty days. But the period of the constraint imprisonment cannot be more than six months.

IS IT REQUIRED TO PAY FEE IN ORDER TO TAKE THE CAUTIONARY DECISION?

No court expenses, fees, mailing expenses and etc. are required for applications within the scope of this Law.

WHAT ARE THE PROTECTIVE CAUTIONARY DECISIONS TO BE TAKEN BY THE ADMINISTRATIVE CHIEFS?

The administrative chief can take one the following decisions or several of them:

  • To provide an appropriate shelter to the person and if necessary to the person’s children
  • To provide financial aid to the person temporarily
  • To provide psychological, professional, legal and social guidance and counseling services
  • To provide a temporary protection if there is a life threatening danger for the person
  • If deemed necessary; four months of day care to support the person`s integration into worklife if the protected person has children, maximum two months of day care for those who have a job, is provided to children of the protected persons; the amount which cannot exceed the half of the net minimum wage paid to those older than 16 years of age with the condition of documenting is covered from the related budget of the Ministry of Family and Social Policies.

WHAT CAN THE POLICE AND GENDERMARIE DO?

When subjected to violence or being at the risk of exposing to violence, one of the institutions to be applied is police and gendermaries stations.

WHAT ARE THE DECISIONS TO BE TAKEN BY THE POLICE OR GENDERMARIE?

In cases where delay is considered to be risky, the following protective and preventive cautionary decisions can be taken by the law enforcement chief:

  • To provide an appropriate shelter to the person and if necessary to the person’s children,
  • To provide a temporary protection, if there is a life threatening danger for the person,,
  • Not to exhibit an attitude and behaviors including the threats of violence, insult and humiliation against the victim of violence,
  • To move from the shared dwelling or the vicinity immediately and to allocate the shared dwelling to the protected person,
  • Not to approach to the protected persons and their residences, schools and workplaces,
  • Not to approach the relatives, witnesses and children of the victim even though they haven’t been subject to the violence if required, except for having personal connection with children.
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