Precautions That the Judge Can Take According to the Law on the Protection of the Family
According to the provisions of the Law on Family Protection, you can request the family court judge to take the measures listed in this law. These measures are as follows:
The at-fault spouse or other family member;
a) Not to use words or behaviors that cause violence or fear towards family members,
b) By removing them from the joint house and allocating this house to other family members, these individuals
not to approach the house or workplace where they live together or separately,
c) Not to damage family members’ belongings,
d) Not to disturb family members through communication tools,
d) To surrender weapons or similar tools, if any, to general law enforcement forces,
e) Not coming to the residence or workplace where the victim of violence lives after using alcohol or drugs, or not using these substances in these places,
f) Applying to a health institution for examination or treatment.
The implementation period of these measures does not exceed 6 months, and if the equivalent measures are not followed, it will be punished with imprisonment.
You can file a lawsuit for the payment of alimony for yourself and your children while living together, according to the Turkish Civil Code. While you are living separately, you can ask for the financial contribution to be determined even if you do not file for divorce. In addition, according to the law, you have the right to live separately because your personality and family peace are in danger due to shared living. Since you have the right to live separately, in addition to a financial contribution, you can also request that the shared residence be dedicated to housing you and your children, so that you can remove your spouse from the home.
If the joint residence is registered in your spouse’s name in the land registry, you can apply to the family court judge to prevent the transfer of your joint residence to someone else and ask for a decision on designating it as a family residence. If you want the decision to be recorded in the land registry office, your spouse cannot transfer it to someone else without your consent.
According to the provisions of the Law on the Protection of the Family, the application and implementation of the decisions are not subject to fees, that is, you can request the implementation of the decisions free of charge.