Law on the Protection of the Family and the Prevention of Violence against Women

(1) The purpose of this Law is to regulate the procedures and principles governing the measures to be taken for the protection of women, children, family members and victims of unilateral persistent stalking who have been subjected to violence or are at risk of violence, and for the prevention of violence against these persons.

(2) The following fundamental principles shall be observed in the implementation of this Law and in the provision of the necessary services:

a) The Constitution of the Republic of Türkiye, the international conventions to which Türkiye is a party, in particular the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, and the other legislation in force shall form the basis.

b) In providing the support and services to be offered to victims of violence, a fair, effective and expeditious procedure shall be followed which is based on fundamental human rights, sensitive to equality between women and men, and consistent with the principle of the social state.

c) Measure decisions taken in respect of the victim of violence and the perpetrator of violence shall be executed in a manner befitting human dignity.

ç) Special measures under this Law that prevent gender-based violence against women and protect women from gender-based violence shall not be interpreted as discrimination.

(1) In this Law, the following terms shall have the meanings set out below:

a) Ministry: the Ministry of Family and Social Policies,

b) Domestic violence: any physical, sexual, psychological or economic violence occurring within the family or household, or between persons deemed to be members of the family, even if the victim of violence and the perpetrator of violence do not share the same household,

c) Judge: the judge of the family court,

ç) Violence against women: any attitude or behaviour that is directed against women solely because they are women, or that constitutes gender-based discrimination affecting women, which results in a violation of the human rights of women and which is defined as violence in this Law,

d) Violence: any physical, sexual, psychological, verbal or economic attitude or behaviour occurring in the social, public or private sphere, including acts that result in or are likely to result in physical, sexual, psychological or economic harm or suffering to a person, threats and coercion to that effect, and arbitrary deprivation of liberty,

e) Victim of violence: the person who is directly or indirectly subjected to, or at risk of being subjected to, the attitudes and behaviours defined as violence in this Law, and the persons who are affected by, or at risk of being affected by, violence,

f) Violence prevention and monitoring centres: centres that provide support and monitoring services for the prevention of violence and for the effective implementation of protective and preventive measures, and that operate on a seven days a week, twenty-four hours a day basis,

g) Perpetrator of violence: persons who engage in, or are at risk of engaging in, the attitudes and behaviours defined as violence in this Law,

ğ) Measure decision: measure decisions to be issued under this Law, upon request or ex officio, by the judge, law enforcement officers and local administrative chiefs in respect of victims of violence and perpetrators of violence,

shall be understood accordingly.

(1) In respect of persons protected under this Law, the local administrative chief may decide on one, several or similar appropriate measures among the following:

a) Provision of suitable shelter for the person and, where necessary, for the children accompanying him or her, at his or her current location or elsewhere.

b) Provision of temporary financial assistance, without prejudice to assistance to be provided under other laws.

c) Provision of psychological, vocational, legal and social guidance and counselling services.

ç) Placement under temporary protection, upon the request of the person concerned or ex officio, where there is a danger to life.

d) Where necessary, provision of a nursery (crèche) facility in order to support the participation of the protected person in working life if he or she has children, limited to four months, or to two months if the person is employed, provided that it does not exceed half of the monthly net minimum wage determined each year for persons over the age of sixteen, that it is documented, and that it is covered from the relevant appropriation of the Ministry budget.

(2) In cases where delay would be prejudicial, the measures set out in subparagraphs (a) and (ç) of paragraph 1 may also be taken by the relevant law enforcement chiefs. The law enforcement chief shall submit the file to the local administrative chief for approval no later than within the first working day following the date on which the decision was taken. Measures not approved by the local administrative chief within forty-eight hours shall be lifted automatically.

(1) In respect of persons protected under this Law, the judge may decide on one, several or similar appropriate protective measures among the following:

a) Change of workplace.

b) Where the person is married, determination of a domicile separate from the joint domicile.

c) Where the conditions under Turkish Civil Code No. 4721 of 22/11/2001 are met and upon the request of the protected person, entry of a family residence annotation in the land register.

ç) Where there is a danger to the life of the protected person and it is understood that other measures will not be sufficient to prevent that danger, change of identity and other related information and documents in accordance with the provisions of Witness Protection Law No. 5726 of 27/12/2007, based on the informed consent of the person concerned.

(1) In respect of perpetrators of violence, the judge may decide on one, several or similar appropriate preventive measures among the following:

a) Not to engage in words and behaviour towards the victim of violence that involve threats of violence, insults, humiliation or degradation.

b) Immediate removal from the joint residence or from the place where the person is, and allocation of the joint residence to the protected person.

c) Not to approach the protected persons, or the residence, school and workplace where these persons are.

ç) Where a previous decision on establishing personal relations with the children exists, that personal relations take place in the presence of an accompanying person, or that personal relations be restricted or completely removed.

d) Where deemed necessary, not to approach the relatives and witnesses of the protected person, even if they have not been subjected to violence, and, without prejudice to cases concerning the establishment of personal relations, his or her children.

e) Not to damage the personal belongings and household goods of the protected person.

f) Not to disturb the protected person by means of communication tools or in any other manner.

g) To surrender to law enforcement the weapons which he or she is legally permitted to possess or carry.

ğ) Even if he or she performs a public duty requiring the carrying of a weapon, to surrender to his or her institution the weapon entrusted to him or her by reason of that duty.

h) Not to use alcohol or narcotic or stimulant substances at the places where the protected persons are, or not to approach the protected persons and the places where they are while under the influence of such substances, and, in case of addiction, to ensure his or her examination and treatment, including hospitalisation.

ı) To apply to a health institution for examination or treatment and to ensure his or her treatment.

(2) In cases where delay would be prejudicial, the measures set out in subparagraphs (a), (b), (c) and (d) of paragraph 1 may also be taken by the relevant law enforcement chiefs. The law enforcement chief shall submit the file to the judge for approval no later than within the first working day following the date on which the decision was taken. Measures not approved by the judge within twenty-four hours shall be lifted automatically.

(3) Together with the measures specified in this Law, the judge shall have the authority to decide on the protective and supportive measures set out in Child Protection Law No. 5395 of 3/7/2005, and on custody, guardianship (curatorship), maintenance and the establishment of personal relations in accordance with the provisions of Law No. 4721.

(4) Where the perpetrator of violence is also the person who provides for or contributes to the livelihood of the family, and provided that maintenance has not been awarded under the provisions of Law No. 4721, the judge may, taking into account the standard of living of the victim of violence, award interim maintenance even if it has not been requested.

(1) Where a person's possession of a weapon or use of narcotic or stimulant substances constitutes an offence, or his or her act constitutes another offence, the provisions of law relating to:

a) Protective measures or probation measures during the investigation and prosecution stages,

b) The execution of penalties or security measures in case of conviction and the probation measures that may be applied within that framework,

are reserved.

(1) Where there is violence or a danger of violence being inflicted, anyone may report the situation to the official authorities or bodies. Public officials receiving the report shall be obliged to perform their duties under this Law without delay and to inform the competent persons regarding the other measures that need to be applied.

(1) A measure decision shall be issued upon the request of the person concerned, or upon the application of the Ministry, law enforcement officers or the public prosecutor. Measure decisions may be requested from the judge, the local administrative chief or the law enforcement unit of the place that can be reached most quickly and easily.

(2) A measure decision may be issued for a maximum of six months the first time. However, in cases where it is understood that violence or the danger of violence being inflicted will continue, it may be decided, ex officio or upon the request of the protected person, the Ministry or law enforcement officers, to change the duration or form of the measures, to lift these measures, or to continue them as they are.

(3) For a protective measure decision to be issued, no evidence or document shall be required as to the infliction of violence. A preventive measure decision shall be issued without delay. The issuance of this decision may not be delayed in a manner that could jeopardise the achievement of the purpose of this Law.

(4) The measure decision shall be pronounced or served on the protected person and the perpetrator of violence. A decision rejecting the request for a measure, however, shall be served only on the protected person. In cases where delay would be prejudicial, the measure decision issued by the relevant law enforcement unit shall be served immediately on the perpetrator of violence by means of a report (tutanak).

(5) In the pronouncement and service of the measure decision, a warning shall be given that, in case of violation of the measure decision, coercive imprisonment shall be applied to the perpetrator of violence.

(6) Where necessary, together with the measure decision, upon request or ex officio, the identity information of the protected person and other family members, or information that may reveal their identity, and their addresses, as well as other information of importance for the effectiveness of protection, shall be kept confidential in all official records. A separate address shall be determined for service of documents to be made. The relevant provisions of Turkish Penal Code No. 5237 of 26/9/2004 shall apply to any person who unlawfully gives such information to another, discloses or reveals it.

(7) Upon request, the delivery of personal belongings and documents to the persons concerned shall be ensured through law enforcement.

(1) Decisions issued under the provisions of this Law may be objected to before the family court by the persons concerned within two weeks from the date of pronouncement or service.

(2) Upon an objection to measure decisions issued by the judge, the file shall be sent without delay: where there is more than one chamber of the family court in that place, to the chamber that follows it in number, and for the last-numbered chamber, to the first chamber; where there is a single chamber of the family court in that place, to the civil court of first instance; and where the judge of the family court and the judge of the civil court of first instance are the same judge, to the nearest civil court of first instance.

(3) The authority hearing the objection shall render its decision within one week. Decisions rendered upon objection shall be final.

(1) Measure decisions taken under the provisions of this Law shall be notified by the fastest means to the relevant provincial and district directorates of the Ministry and, depending on the nature of the decision, to the chief public prosecutor's office or to law enforcement.

(2) Applications made to the relevant authorities under this Law and decisions on the acceptance or rejection of these applications shall be notified immediately by the authority to which the application was made to the relevant provincial and district directorates of the Ministry.

(3) The law enforcement unit of the domicile or the place where the persons in respect of whom a protective or preventive measure decision has been issued are present, or of the place where the measure is to be applied, shall be competent and authorised to execute the protective measure decision concerning the placement of the protected person under temporary protection and the preventive measure decisions issued in respect of the perpetrator of violence.

(4) In cases where the measure decision has been issued and applied by the law enforcement chief or where the protected person is with law enforcement, the person shall be promptly taken by the law enforcement units to the relevant provincial or district directorates of the Ministry; where this is not possible, temporary shelter shall be provided for the person and those accompanying him or her, the expenses being covered from the relevant appropriation of the Ministry budget.

(5) The fact that the measure decision has not been pronounced or served on the persons concerned shall not constitute an obstacle to the implementation of the decision.

(6) Persons for whom it has been decided to provide shelter shall be placed in premises belonging to the Ministry or under the supervision and control of the Ministry. Where shelters are insufficient, protected persons may be temporarily accommodated in social facilities, dormitories or similar premises belonging to public institutions and organisations, upon the request of the local administrative chief or, in urgent cases, of law enforcement or the Ministry.

(7) A measure decision concerning a change of workplace shall be executed by the competent authority or person in accordance with the provisions of the relevant legislation to which the person is subject.

(1) Law enforcement duties shall be performed, in relation to the services specified in this Law within the central and provincial organisation of law enforcement, by a sufficient number of personnel who have received training on the human rights of children and women and on equality between women and men and who have been designated by the relevant law enforcement units.

(1) In the implementation of measure decisions issued under the provisions of this Law, technical tools and methods may be used by decision of the judge. However, the voices and images of persons may not be listened to, monitored or recorded in this manner.

(2) The procedures and principles regarding monitoring by technical tools and methods shall be regulated by regulation.

(1) Where a perpetrator of violence in respect of whom a measure decision has been issued under the provisions of this Law acts contrary to the requirements of that decision, he or she shall be subjected, by decision of the judge, to coercive imprisonment of three to ten days depending on the nature of the measure violated and the gravity of the violation, even if the act constitutes an offence.

(2) For each repetition of a violation of the requirements of the measure decision, the duration of coercive imprisonment shall be fifteen to thirty days depending on the nature of the measure violated and the gravity of the violation. However, the total duration of coercive imprisonment may not exceed six months.

(3) Decisions on coercive imprisonment shall be executed by the chief public prosecutor's office. These decisions shall be notified to the relevant provincial and district directorates of the Ministry.

(1) The Ministry shall establish violence prevention and monitoring centres in which the necessary specialist personnel serve and preferably female personnel are employed, which provide support and monitoring services for the prevention of violence and for the effective implementation of protective and preventive measures, which operate on a seven days a week, twenty-four hours a day basis, and whose working procedures and principles are determined by regulation.

(2) In the centres established, monitoring activities shall be carried out and support services shall be provided for the prevention of violence and for the effective implementation of protective and preventive measures.

(1) The support services to be provided by violence prevention and monitoring centres for the purposes of preventing violence under this Law and monitoring the effective implementation of the measure decisions issued are as follows:

a) To collect data on the issuance and implementation of protective and preventive measure decisions and of coercive imprisonment so as to establish a data bank, and to keep a register of measure decisions.

b) To coordinate the shelter, temporary financial assistance, health and legal aid services and other services provided to the protected person.

c) Where necessary, to make applications for the taking and implementation of measure decisions.

ç) To prepare and implement programmes at the individual and societal level aimed at ending violence within the scope of this Law.

d) To ensure the dissemination of the call centre established within the Ministry in line with the purpose of this Law and the monitoring of the applications made.

e) To cooperate with relevant non-governmental organisations working to end violence within the scope of this Law.

(2) The support services to be provided by violence prevention and monitoring centres in respect of protected persons are as follows:

a) To guide the person on his or her rights, the institutions from which support may be obtained, finding employment and similar matters, and to carry out activities for his or her participation in vocational training courses.

b) To make proposals and provide assistance for the achievement of the purpose sought by the measure decision issued.

c) To monitor the results of the implementation of measure decisions and their effects on the persons.

ç) To provide assistance and counselling in solving psycho-social and economic problems.

d) Upon the request of the judge, to prepare and submit a detailed social inquiry report on the person's background, family, environment, education and personal, social, economic and psychological situation.

e) Where requested by the relevant authority, to prepare a report on the results of the implementation of the measures and their effects on the persons concerned.

f) To provide the necessary guidance on the provision of financial support in accordance with the provisions of Law No. 3294 of 29/5/1986 on the Encouragement of Social Assistance and Solidarity.

(3) The support services to be provided by violence prevention and monitoring centres in respect of the perpetrator of violence are as follows:

a) Upon the request of the judge, to prepare and submit a detailed social inquiry report on the person's background, family, environment, education, personal, social, economic and psychological situation and the risk he or she poses to other persons and to society.

b) Where requested by the relevant authority or body, to prepare a report on the results of the implementation of the measures and their effects on the persons concerned.

c) In an encouraging, informative and guiding manner, with respect to the person's:

1) Participation in education and rehabilitation programmes aimed at changing attitudes and behaviour by raising awareness of anger management, coping with stress and the prevention of violence,

2) Examination or treatment at a health institution in case of addiction to alcohol, narcotic, volatile or stimulant substances or of a mental disorder,

3) Participation in vocational training courses,

to carry out activities.

(4) Services for the victim of violence and for the perpetrator of violence shall be provided in separate units, except in cases of necessity.

(1) Inter-institutional coordination in the implementation of the provisions of this Law shall be carried out by the Ministry.

(2) Public institutions and organisations and other natural and legal persons shall be obliged to cooperate and provide assistance in matters falling within their respective fields of duty in relation to the implementation of this Law and to execute the measure decisions taken without delay. Natural and legal persons shall be encouraged to support the work of the Ministry and to carry out joint work within the scope of this Law.

(3) The Turkish Radio and Television Corporation and private television organisations and radio stations broadcasting at national, regional and local level shall be obliged to broadcast, for at least ninety minutes per month, informational materials prepared or commissioned by the Ministry on the participation of women in working life, mechanisms for combating violence, in particular violence relating to women and children, and similar policies. These broadcasts shall be made between 08:00 and 22:00, at least thirty minutes of which shall be between 17:00 and 22:00, and copies of the broadcasts shall be submitted regularly each month to the Radio and Television Supreme Council. Broadcasts made outside these hours shall not be included in the monthly period of ninety minutes. These periods shall be supervised by the Radio and Television Supreme Council. The informational materials to be broadcast by television organisations and radio stations shall be prepared by the units of the Ministry after also obtaining the opinions of universities, the relevant professional organisations and non-governmental organisations.

(4) The personnel of public institutions and organisations shall assist the officers of the Ministry in the performance of the duties provided for in this Law.

(5) All public institutions and organisations and professional organisations having the status of public institutions shall ensure that their personnel and members participate in training programmes on the human rights of women and equality between women and men, to be prepared and coordinated by the Ministry for the purpose of the effective implementation of this Law.

(6) Courses aimed at education on the human rights of women and equality between women and men shall be included in the primary and secondary education curricula.

(1) Where a decision is made to provide temporary financial assistance pursuant to the provisions of this Law, a daily payment of up to one thirtieth of the amount of the monthly net minimum wage determined each year for persons over the age of sixteen shall be made. Where there is more than one protected person, an additional payment at the rate of twenty percent of this amount shall be made for each additional person. However, the amount to be paid may in no case exceed one and a half times the daily payment amount determined. Where protected persons are provided with shelter, the amounts determined in this paragraph shall be applied reduced by fifty percent.

(2) These payments shall be met from the appropriation allocated in the budget of the Ministry for temporary financial assistance. The payments made shall be collected from the person committing violence within one month from the date of service. Amounts that cannot be collected in this manner shall be pursued and collected by the relevant tax office pursuant to the provisions of the Law No. 6183 on the Procedure for the Collection of Public Receivables dated 21/7/1953.

(3) Where it is established that the protected person has made a statement contrary to the truth, the assistance provided shall be collected from that person pursuant to the provisions of Law No. 6183.

(1) Where maintenance is ordered pursuant to the provisions of this Law, a copy of the decision shall be sent ex officio to the enforcement directorate of the domicile of the maintenance creditor or debtor.

(2) Where the person ordered to pay maintenance has a connection with the Social Security Institution, the maintenance shall be collected by the enforcement directorate from the pension, salary or wage of the person concerned without requiring an application by the protected person. The postal expenses of the enforcement directorates relating to the collection of maintenance shall be met from the in flagrante delicto appropriation of the chief public prosecutor's office.

(1) Among the persons in respect of whom a protective measure decision has been made pursuant to the provisions of this Law, those who are not general health insurance holders and do not fall within the scope of persons whom a general health insurance holder is obliged to support, or who are de facto unable to benefit from general health insurance due to a general health insurance premium debt, or who have no right to benefit from medical treatment assistance pursuant to other legislation, shall, for as long as these circumstances continue, be deemed general health insurance holders without being subject to an income test, within the scope of sub-subparagraph (1) of subparagraph (c) of paragraph 1 of Article 60 of the Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006.

(2) Where it is decided that the person in respect of whom a preventive measure decision has been made pursuant to the provisions of this Law also needs rehabilitation or treatment, the expenses for rehabilitation services not covered by general health insurance and the expenses for other health services that must be provided within the scope of rehabilitation services shall be met from the relevant items of the budget of the Ministry.

(1) No expenses under any name whatsoever, such as litigation costs, fees, postal expenses and the like, shall be charged for applications under this Law or for proceedings carried out for the enforcement and execution of the decisions given. Payments made pursuant to Article 17 of this Law shall be exempt from income tax and from inheritance and transfer tax, and the documents issued for these payments shall be exempt from stamp duty.

(2) The Ministry may, where it deems necessary, intervene in all kinds of administrative, criminal and civil actions and in non-contentious proceedings brought on account of violence or the danger of violence against women, children and family members.

(1) The posts in the annexed list have been created and added to the section relating to the Ministry of Family and Social Policies of Schedule (I) annexed to the Decree Law No. 190 on General Staff and Procedure dated 13/12/1983.

(1) The procedures and principles relating to the implementation of this Law shall be governed by regulations to be prepared by the Ministry within six months, after obtaining the opinions of the Ministries of Justice, Interior, Finance, National Education and Health.

(1) The Law No. 4320 on the Protection of the Family dated 14/1/1998 has been repealed.

(2) References made in the legislation to Law No. 4320 shall be deemed to have been made to this Law.

(3) Decisions given pursuant to the provisions of Law No. 4320 before the entry into force of this Law shall continue to be implemented.

(1) The violence prevention and monitoring centres provided for in Article 14 of this Law shall be established within two years from the date of entry into force of the Law, as a pilot implementation in the provinces to be determined by the Ministry. Until their establishment is completed, the units of the Ministry by which the duties of the centres shall be carried out shall be determined by the Ministry.

(1) This Law shall enter into force on the date of its publication.

(1) The provisions of this Law shall be executed by the Council of Ministers.