Measures that the Judge Can Take According to the Law on the Protection of the Family
According to the provisions of the Law on the Protection of the Family, you can ask the family court judge to take the measures listed in this law. These measures are:
The offending spouse or other family member;
a) Not to make words or behaviors towards violence or fear against family members,
b) By moving away from the common house and allocating this house to other family members, these individuals
not approaching the house or workplace where they live together or separately,
c) Family members do not damage their belongings,
ç) Not to disturb family members with communication tools,
d) Delivering weapons or similar vehicles, if any, to the general law enforcement authorities,
e) The victim of violence does not come to the residence or workplace where he/she lives or does not use these substances in these places, as alcohol or drugs have been used,
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, they are punished with imprisonment.
You can file a lawsuit for yourself and your children to pay alimony while living together according to the Turkish Civil Code. While 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 common living. Since you have the right to live separately, you can also request that the joint housing be reserved for you and your children, in addition to the monetary contribution, so that you can drive your spouse away from home.
If the common house 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 common house to someone else, and you can request that it be designated as a family house. If you want the decision to be registered by the land registry directorate, 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 the execution of the decisions are not subject to fees, that is, you can request the implementation of the decisions free of charge.
