Short Answer
For a person removed from the home to go to the residence alone, even to retrieve belongings, constitutes a violation of the protective measure. The law foresees a special procedure for this: “Upon request, the delivery of personal belongings and documents to the relevant parties shall be ensured through law enforcement.” (Law No. 6284, Art. 8/7).
The request is made to the family court that issued the protective measure or to the law enforcement unit responsible for implementing the decision; belongings are collected with law enforcement escort and documented by a report. This method is only for personal belongings and documents; the sharing of furniture and household items is a separate legal process.
Table of Contents
- 1. Why is going to the residence considered a violation?
- 2. The path prescribed by law: Delivery with law enforcement escort
- 3. Which belongings can be retrieved this way?
- 4. What should be considered on the day of delivery?
- 5. If the other party does not hand over the belongings or causes damage
- 6. Other questions related to the residence: Rent, title deed, and family home
- 7. Why is Expert Legal Support Necessary?
- 8. Frequently asked questions
- 9. Legislation and resources
1. Why is going to the residence considered a violation?
Pursuant to Article 5/1-b of Law No. 6284, the judge may order the measure of “immediate removal of the perpetrator of violence from the shared residence or the place where they are located, and the allocation of the shared residence to the protected person”. In most decisions, this is accompanied by a prohibition from approaching the residence, as per Article 5/1-c.
These measures apply regardless of who owns the residence or is a party to the lease agreement. The fact that the title deed is registered in your name does not grant you the right to enter the residence during the duration of the measure. Decisions often include the obligation, under Article 5/1-e, “not to damage the personal belongings and household items of the protected person”; therefore, during the delivery of belongings, the protected person’s items should not be touched; only your personal belongings should be taken.
The 18th Criminal Chamber of the Court of Cassation, in its decision dated 5/5/2016, numbered E. 2015/17301, K. 2016/9702, stated that although entering the residence despite a removal order does not constitute the crime of violating the inviolability of the home, it does constitute a violation of the measure under Law No. 6284. The sanction for violating the measure is coercive imprisonment: from three to ten days for the first violation, and from fifteen to thirty days for each recurrence (maximum six months in total).
2. The method prescribed by law: Delivery with police escort
Article 8/7 of Law No. 6284 is clear: Upon request, personal belongings and documents are delivered to the relevant parties by means of law enforcement. This provision is applicable to both the person removed from the home and the protected person who is forced to leave the residence.
- Request: A petition is submitted to the family court that issued the measure, or an application is made to the law enforcement unit responsible for implementing the decision (the police station or gendarmerie jurisdiction where the residence is located).
- List: The items and documents to be collected are written down item by item. A general request like “I want my belongings” makes both the decision-making and the implementation difficult.
- Appointment: Law enforcement determines the date and time of delivery, coordinating with the protected person.
- Delivery: Only the items on the list are collected in the presence of law enforcement officers; no arguments should be entered into with the protected person.
- Record: The delivered items are recorded in a report, and a copy of the report is kept.
3. Which belongings can be collected this way?
The law uses the phrase “personal belongings and documents.” The Constitutional Court, in its decision B. No: 2014/12009 (26/10/2016), emphasized that the measures under Law 6284 are intended for emergency protection and are not aimed at resolving property sharing or ownership disputes between parties.
| Items that can be requested with law enforcement escort | Items that cannot be retrieved this way (a separate process is required) |
|---|---|
| Official documents such as identity cards, passports, driver’s licenses, title deeds, and vehicle registration certificates | Furniture, white goods, electronic home appliances |
| Daily clothes, personal care items | Jointly used household items |
| Regularly used medications and health reports | Jewellery and valuable items with disputed ownership |
| Computer, phone, tools, and documents necessary for work | The vehicle itself (if there is a dispute over ownership and use) |
| Documents such as diplomas, certificates, bank cards, and checkbooks | Demands regarding the use of the residence |
Disputes over household items and jewellery are resolved within the scope of divorce and liquidation of the matrimonial property regime. For these matters, you can refer to our articles on jewellery and property division in divorce.
Do you want to retrieve your belongings without risking a violation?
We can prepare your request for retrieval with law enforcement escort, along with a list of items to be retrieved, in a format that can be submitted to the court.
4. What should be considered on the delivery day?
| Step | Why is it important? |
|---|---|
| Prepare the list in advance, give a copy to law enforcement | Delivery will be quick; a new application is required for forgotten items. |
| Do not bring relatives who might engage in arguments | Tension can escalate into a new request for precautionary measures or an accusation of violation. |
| Do not talk to the protected person, only communicate with officials | The communication ban is also valid during delivery. |
| Photograph the condition of the items and have it recorded in the report | It serves as evidence in claims of damage or missing items. |
| Obtain a copy of the report | Proof of which items were delivered is required in subsequent lawsuits. |
5. If the other party does not hand over the items or causes damage
If the protected person avoids delivery, the situation is recorded by law enforcement and reported to the court. In cases where items are withheld, sold, or damaged:
- A new court order can be requested for the delivery of belongings through law enforcement.
- A lawsuit can be filed in a civil court for the delivery or value of items belonging to you; if the divorce case is ongoing, these requests can be made within the scope of that case.
- Intentionally damaging property can also be subject to a criminal complaint.
According to Article 222 of the Turkish Civil Code, the person who claims that a specific asset belongs to one of the spouses is obliged to prove this claim; assets that cannot be proven are considered to be in the co-ownership of the spouses. Therefore, it is important to keep invoices, purchase records, and photographs.
6. Other questions regarding housing: Rent, title deed, and family residence
- Who pays the rent? A restraining order does not change the parties to the lease agreement; the person who is a party to the agreement continues to be obligated towards the landlord. Therefore, keeping correspondence regarding rent and maintenance fee payments is important for future settlement.
- The title deed is in my name, can I sell the house? According to Article 194 of the Turkish Civil Code, one spouse cannot terminate the lease agreement concerning the family residence, transfer the family residence, or restrict rights over the residence without the explicit consent of the other spouse. Upon the request of the protected person and if the conditions specified in the Turkish Civil Code are met, the judge may also decide to place a family residence annotation on the title deed to make this protection visible (Law no. 6284, Art. 4/1-c).
- Can I return home after the injunction ends? When the injunction period expires and is not extended, the prohibition regarding the residence ends. However, if the divorce case is ongoing, a separate injunction may have been issued regarding the use of the residence; the file should be checked in this regard.
7. Why is Expert Lawyer Support Necessary?
Even if done in good faith, a person removed from the home going to the residence to retrieve their belongings constitutes a violation of the precautionary measure and may lead to coercive imprisonment. Operating the process of delivering belongings with police escort, as per Article 8, paragraph 7 of Law No. 6284, to the correct authority, with a complete list of items, and by drawing up a record, eliminates the risk of violation and serves as evidence in subsequent property division disputes. During this process, expert legal support ensures that the request is properly established from the outset.
Requests prepared without distinguishing between personal belongings, household items, jewelry, and valuable items are often rejected or cause practical problems. Disputes over furniture, white goods, and jewelry are addressed within the scope of divorce and liquidation of matrimonial property; the use of the residence and the annotation of the family home are evaluated separately. An experienced lawyer plans the delivery of belongings in a manner consistent with these cases.
2M Hukuk works on cases related to the delivery of belongings, use of residence, and precautionary measures in Istanbul’s Anatolian Side, particularly in Tuzla, Pendik, Kartal, Maltepe, Kadıköy, and Ataşehir, as well as in Gebze, Çayırova, Darıca, and Dilovası.
Let us prepare your request for delivery with police escort
Provide your decision and the list of items you need to take; let’s plan together how and where to make the request.
8. Frequently asked questions
Can I go home to get my belongings when there is a restraining order?
You cannot go alone; going to the residence constitutes a violation of the measure. In accordance with Article 8/7 of Law No. 6284, you must request the delivery of your personal belongings and documents through law enforcement.
Where is the request for delivery of belongings made?
It is made by petition to the family court that issued the measure, or by applying to the law enforcement unit (police station or gendarmerie) responsible for the enforcement of the decision.
Which belongings can I take with law enforcement escort?
Personal belongings and documents such as identity and official documents, clothes, medicines, tools and documents necessary for work. Furniture, white goods, and valuable items with disputed ownership are handled not through this method, but within the scope of property regime or property lawsuits.
The title deed of the house is in my name, can I still not enter?
No, you cannot. A restraining order from the shared residence is applied regardless of ownership; during the measure, the residence is allocated to the protected person.
What can I do if the other party does not give me my belongings?
The situation is recorded in a law enforcement report. A new delivery order can be requested from the court; a lawsuit can be filed for the delivery or value of your belongings, and if there is a divorce case, the demands can be put forward within that case.
Is entering the residence a crime of violating the inviolability of the home?
In a 2016 decision by the 18th Criminal Chamber of the Supreme Court, it was stated that entering the residence despite a restraining order does not constitute this crime but constitutes a violation of the measure under Law No. 6284. The sanction for violating the measure is coercive imprisonment.
9. Legislation and resources
- Law No. 6284 (Art. 4/1-c, Art. 5/1-b, c, e; Art. 8/7)
- Turkish Civil Code No. 4721 (Art. 194, Art. 222)
- Constitutional Court Decisions Database – Appl. No: 2014/12009
- 18th Criminal Chamber of the Court of Cassation, File No. 2015/17301, Decision No. 2016/9702, Date: 5/5/2016
This article serves for general informational purposes; the deadlines and rights in your specific case may vary according to the content of the decision and the notification date. Legislation and case law information has been compiled as of September 2026.
