Measures and Protection Decisions on the Protection of the Family and Prevention of Violence Against Women
Scope of the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women
As is known, the relevant legislation is Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women, issued in 2012. The purpose of this law is to provide protection measures for individuals, which are enshrined in the law on violence. The purpose of this law is not only to end the act of violence, but also to take certain measures and measures in the event that violence occurs.
Who Can Benefit from Preventive (Protection) Measure Decisions
Individuals referred to in this Act may benefit; women, children, family members, and persons subjected to unilateral persistent stalking who have suffered physical, sexual, psychological, economic or economic violence.
As an example, it covers acts of violence perpetrated by our spouse, parents, brothers, uncle, uncle, uncle, uncle, cousin, ex-lover, fiancé, friend, son, father-in-law, in short, by men we know or do not know in our environment. Women, children or family members affected by violence should immediately apply to the relevant authorities without fear. Otherwise, the occurrence of compensatory power losses is inevitable.
Purpose of Preventive (Protection) Measure Decisions
Law No. 6284 provides for two types of measures. These are protection measures and preventive measures. The purpose of both preventive measures and protective measures makes it possible to take various measures to protect women, children, the family and the victim from violence and to prevent the person who commits violence.
All procedures related to applications that we will make under this law are free of charge. In addition, no evidence, witnesses, documents, doctor's report, etc. are required for the adoption of protective measures decisions. The main purpose of these proceedings being free of charge and the absence of any evidence is to facilitate the application of the law in question and to immediately stop the violent acts that occur and to provide the necessary measures and punishments. According to the legislation, he considered the complaint about the matter sufficient. That is, it has paved the way for women, children and family members who have suffered violence to immediately apply to law enforcement agencies, prosecutors or family courts.
How to Make Preventive (Protection) Measure Decisions
Appropriate protective measures are taken upon the complaint of victims who have suffered physical, sexual, psychological, economic violence or are in danger of suffering violence. No charges will be charged when filing the complaint, and no evidence is sought. However, if you have evidence, it will make your job even easier. For example; witness, message, image, etc. However, it is still possible to take appropriate protective measures even if there is no evidence in the specification.
Mercians Providing Protective (Protection) Measures
Protective (Protection) measures;
- Property Administration Amirden (governor, maymakamlik)
- From the Family Courts on Call
- We may obtain it indirectly from law enforcement agencies (which promptly notify the relevant authorities of your requests to law enforcement agencies and ensure that necessary protective measures are taken). Protective measures are prescribed that are appropriate to the situation of the action taken place.
Protective (Protection) Measures Provided by the Property Administration Supervisor
a) Providing suitable accommodation for accompanying children, in his place of residence or in another place, if he needs to go home.
b) Provision of temporary material assistance, in order to preserve the benefits to be granted under other laws.
c) Providing guidance and counseling services in psychological, professional, legal and social aspects.
c) Temporary protection at the request of the person concerned or at the request of the person concerned in the event of a threat to life.
d) If necessary, not to exceed half of the monthly net minimum wage established annually for persons over sixteen years of age, and to be certified to not exceed half of the monthly net minimum wage established annually for persons over sixteen years of age, if necessary, to participate in working life, and to be certified to two months in the case of the person's employment. Ensuring the opportunity is their decisions.
Protective (Protection) Measures Issued by the Family Court
a) Change of workplace.
b) Determination of a place of residence separate from the place of joint residence if the person is married.
c) In the case of the existence of the requirements of the Turkish Civil Code No. 4721 dated 22/11/2001 and upon the request of the protected person, the designation of the family residence in the register of property.
ç) Change of identity and other relevant information and documents in accordance with the provisions of the Witness Protection Law No. 5726 of 27/12/2007 on the basis of the informed consent of the person concerned, provided that other measures are not sufficient to prevent such danger and on the basis of the informed consent of the person concerned.
An application must be made to the family court in order to request decisions of this measure.
Unlike the property supervisor, decisions of preventive measures can also be made by the judge. These are:
a) Failure to engage in threats of violence, insult, humiliation or humiliation towards the victim of violence.
b) Immediate removal from the common dwelling or place of its location and the allocation of the shared dwelling to the protected person.
c) Not approaching protected persons in their housing, school and workplace.
(c) If there is a decision to establish a personal relationship with children, the personal relationship must be carried out in the company of a companion, limiting or completely abolishing the personal relationship.
d) If deemed necessary, the protected person should not approach his relatives, witnesses and children, even if he has not been subjected to violence, so as to preserve the conditions for establishing personal relationships.
e) Not to damage the personal belongings and household items of the protected person.
f) Not to disturb the protected person by means of communication or otherwise.
g) To hand over to law enforcement any weapons permitted by law to possess or carry.
g) To hand over to the institution the weapon that he embezzled for this duty, even if he is performing a public duty in which he is obliged to carry weapons.
h) ensuring that protected persons do not use alcohol or drugs or stimulants in their places, or approach protected persons and their places of dependence, including hospitalization, if they are under the influence of such substances.
i) to apply to a health care institution for examination or treatment and to provide treatment,
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Protective (Protection) Measures Issued By Law Enforcement
In the law, the police or gendarmerie are authorized to take limited measures only in emergency situations, i.e. in cases where it is inconvenient to delay. These are;
- Creation of a place of shelter for the victim of violence and, if necessary, the accompanying children, in the place or in another area,
- It is in the form of protection of the woman and, if present, her children, at the request of the person or by spontaneous action of law enforcement agencies, if there is a danger to life.
The most important of the protection order measures is the decision to remove from the house for up to 6 months. In addition, the removal of the violent person from this home and workplace may be requested if he or she is staying elsewhere other than the common home. A decision can be made for a maximum of 6 months at the first time. However, if violence or the danger of violence continues, these decisions can be extended again and again.
On the application of the interested party, decisions on protective measures are made no later than 1 day.
Failure of the Violent Person to Comply with the Measure Decision
In the event that the violent person violates the decision of the given measure, the family court that issued the measure may issue a coercive prison order on the grounds that he does not comply with the measure. In order for this decision to happen, the victim must notify law enforcement when and how the violation in question was carried out.
However, it is also valid to apply to the prosecutor's office or the court with a petition.
The judge may order a violent offender who acts in violation of the decision to be forcibly detained for between 3 days and 10 days.
Each time a violation of the order of measures is repeated, the term of coercive imprisonment is from 15 to 30 days. However, the total term of coercive imprisonment does not exceed 6 months.
Procedure to Appeal a Conservation Measure Decision
About The person who is subject to a protection measure under the relevant legal legislation may appeal against that decision if he considers that the decision in question is unlawful or has not committed such an action.
The person concerned may lodge an appeal within 2 weeks from the date of notification of the decision. The appeal is submitted to the Family Court. The decision of the Family Court on appeal shall be final. The Family Court may decide on the continuation of the protection order, as well as decide that the appeal made is an appeal on the spot. Although the protection decision is not communicated to individuals, this does not constitute an obstacle to the implementation of the decision.
As mentioned in our article above, according to Law No. 6284, it is a necessary legislation for the complete elimination of acts of violence against women that constantly occur in our society, although it is not a deterrent, at least in some way, to stop acts of violence. For the effective implementation of this law, women, children and family members subjected to violence must immediately contact the relevant authorities without fear and protection decisions. In addition, individuals who see the occurrence of any violent incident must be reported immediately to the relevant units.