1. Why can a restraining order be issued without hearing the parties?

Article 8, paragraph 3 of Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women states: “No evidence or document is sought for the issuance of a protective order. A preventive order is issued without delay. The issuance of this order cannot be delayed in a way that would jeopardize the realization of the purpose of this Law.”

The legislator has accepted that waiting for the court to collect evidence in moments of danger of violence may lead to consequences difficult to remedy. For this reason, in practice, family courts can issue decisions on the day the application is made and without hearing the opposing party. The person against whom the decision is made often learns about the decision through notification by law enforcement officers.

There is a subtle but important distinction here. The text of the law uses the phrase no evidence is sought for protective measures. The Constitutional Court, in its decisions B. No: 2018/3789 (7/4/2021) and B. No: 2018/8030 (2/2/2022), stated that for preventive measures that restrict fundamental rights, as listed in Article 5, there must be facts related to having been subjected to violence or the risk of being subjected to violence. Restraining orders, no-contact orders, and communication bans are preventive measures.

2. What to do and what not to do in the first days after receiving the decision?

Even if the decision is unfair, it produces effect and consequences until it is revoked. An objection does not automatically suspend the enforcement of the decision. A small mistake made in the first days can both create the risk of coercive imprisonment and weaken the strength of the objection.

If you need to collect your belongings, use the law enforcement escort method stipulated by the law; for this, a request is made to the court that issued the order or to law enforcement (Law No. 6284, Art. 8/7).

3. What must the court examine during the objection stage?

The Constitutional Court distinguishes between the initial decision and the examination of the objection in its rulings in this area. In its decision B. No: 2013/8840 (15/12/2015), it emphasized that since measures must be issued without delay, the court is obliged to decide based on the evidentiary situation and the scope of the file at the date of the request.

In its decision B. No: 2020/37585 (22/11/2023), it stated that a more flexible approach could be adopted regarding the justification during the emergency intervention phase; however, at the objection stage, where urgency has ceased and the objector cannot present their views orally, the appropriateness of measures based on unilateral claims must be evaluated within the framework of the objector’s statements and evidence, considering the balance of rights and interests of both parties.

In its decisions B. No: 2018/743 (10/2/2021), B. No: 2019/42029 (17/11/2022), B. No: 2021/58563 (18/9/2024), and B. No: 2021/63673 (7/1/2026), the Constitutional Court concluded that the right to a reasoned decision was violated in cases where the objection authority did not discuss the claims and objections, did not evaluate the reality of the factual basis for the measure within this framework, or did not even minimally explain why the objection was rejected.

4. Which evidence changes the outcome of the objection?

The table below summarizes commonly presented evidence in practice and which claims they are suitable for refuting. Not every piece of evidence carries the same weight in every case; what is important is its direct relation to the event described by the opposing party.

Secretly recording conversations with others may lead to a debate regarding both its admissibility as evidence and a separate criminal offense. It is necessary to obtain a legal assessment before submitting such recordings to the file.

5. Why is the background of the interim measure request important?

In practice, requests for interim measures often coincide with processes such as the filing of a divorce case, disputes over custody and personal relations, the use of a residence, or disagreements over an inherited immovable property. Presenting the background allows the court to view the situation as a whole.

The law also regulates some consequences of false statements. Pursuant to Article 17/3 of Law No. 6284, if it is determined that the protected person has made a false statement, the temporary financial aid provided to them shall be recovered according to the provisions of Law No. 6183. This provision shows that the law also foresees the misuse of the system.

However, the background narrative does not replace evidence. The court discusses not the purpose of the interim measure request, but whether there is a fact related to violence or the threat of violence. An effective petition establishes both elements together.

6. Can a disciplinary fine be imposed on the objector?

In some cases, a disciplinary fine has been imposed on the objector along with the rejection of the objection. In its decision B. No: 2022/44846 (5/11/2025), the Constitutional Court determined that imposing a disciplinary fine under Article 329, paragraph 2 of the Code of Civil Procedure No. 6100 during the objection stage within the scope of Law No. 6284 violated the right of access to court.

This decision is important for individuals who hesitate to exercise their right to object: You do not need to postpone an objection you believe is justified out of fear of penalty.

7. What options remain if the objection is rejected?

Pursuant to Article 9/3 of Law No. 6284, the decision made upon objection is final; there is no appeal or cassation route. Therefore, the petition for objection is the first and final substantive defense in most cases.

• Individual application to the Constitutional Court: In cases where the objection authority decides without discussing the claims and evidence, an individual application concerning the right to a reasoned decision comes to the agenda. The application period is thirty days from the date of learning about the final decision. The Constitutional Court has also ruled that the presumption of innocence was violated in a case where the term “perpetrator of violence” was used in the interim measure decision in a way that reflected the impression that the applicant was guilty (S.M., B. No: 2016/6038, 20/6/2019).
• Request for revocation demonstrating a change in circumstances: Article 8/2 of Law No. 6284 stipulates that interim measures may be revoked or amended. This option is considered when new facts emerge.
• Objection to the extension decision: If the measure is extended, an objection can be filed again against the extension decision; this objection is also subject to a two-week period.

8. Can a criminal complaint be filed for false statements?

If the opposing party knowingly claims that violence was used falsely, it can be evaluated in terms of crimes such as defamation/slander (Turkish Penal Code Art. 267), depending on the circumstances of the event. However, a criminal complaint and an objection to an interim measure decision are independent processes.

• A criminal complaint does not automatically revoke the interim measure decision; the two-week objection period continues to run.
• If it emerges during the investigation that the claim is untrue, it becomes a strong fact in subsequent requests for extension and revocation.
• The timing and content of the criminal complaint should be considered together with the strategy in any ongoing divorce or custody case.

9. Why is Expert Lawyer Support Necessary?

An objection to a restraining order is a process that must fit within a two-week period, pursuant to Article 9 of Law No. 6284, and the final decision is conclusive. For an objection against an interim measure decision issued based on a false statement to be accepted, the petition must be based not on general statements, but on concrete evidence such as correspondence, camera recordings, HTS statements, residence documents, and witnesses. The Constitutional Court’s jurisprudence regarding the right to a reasoned decision also requires the objection authority to discuss the claims and evidence put forth by the objector. Therefore, the preparation of an objection petition against a restraining order by a lawyer knowledgeable in interim measure law and family court practice directly affects the outcome.

An unjust restraining order often comes to the agenda concurrently with a dispute concerning divorce, custody, personal relations, or the use of a residence. The narrative used in the interim measure objection will also confront you in future divorce proceedings and possible criminal investigations. An expert family law attorney plans from the outset which court will procure evidence, how tiered requests will be established, and how the grounds for an individual application to the Constitutional Court will be preserved in case of rejection.

2M Hukuk Law Office provides legal support in cases of interim measures, objections to restraining orders, and revocation files within the scope of Law No. 6284, heard in the family courts of Istanbul Anatolian Courthouse, particularly in Tuzla, Pendik, Kartal, Maltepe, Ataşehir, and Kadıköy, and in Kocaeli, specifically in Gebze, Çayırova, Darıca, and Dilovası.

10. Frequently asked questions

Can a restraining order be issued without evidence?

Yes. Article 8/3 of Law No. 6284 stipulates that no evidence or document is sought for protective measures, and preventive measures shall be issued without delay. However, the Constitutional Court emphasizes that for preventive measures restricting fundamental rights, there must be facts related to violence or the threat of violence, and the objector’s evidence must be discussed at the objection stage.

What is the objection period for an unjust restraining order?

It is two weeks from the date of announcement or notification (Law No. 6284, Art. 9/1). The objection is submitted to the family court that issued the decision, and the objection authority decides within one week.

Does the restraining order halt if I object?

No. An objection does not automatically suspend the enforcement of the decision. All obligations in the decision must be complied with until the objection is finalized; otherwise, coercive imprisonment may arise.

What happens if the other party lied?

A false statement can be evaluated in terms of crimes such as defamation/slander, depending on the circumstances of the event; furthermore, pursuant to Article 17/3 of Law No. 6284, if temporary financial aid has been provided, these aids shall be recovered according to the provisions of Law No. 6183. However, a separate and timely objection must be filed for the revocation of the interim measure decision.

Can I appeal if the objection is rejected?

No, the decision made upon objection is final. If the objection authority decides without discussing your claims and evidence, an individual application can be made to the Constitutional Court regarding the right to a reasoned decision; the period is thirty days from the date of learning about the final decision.

What documents should I attach to the objection petition?

Notification document, correspondence with visible dates, residence and work documents, camera recordings if any, and witness information. Official records such as HTS statements should be explicitly requested in the petition to be procured through the court.

11. Legislation and resources

• Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women (Art. 5, Art. 8, Art. 9, Art. 17)
• Implementing Regulation Regarding Law No. 6284
• T.R. Ministry of Family and Social Services – Objection period for interim measures (FAQ)
• Constitutional Court Decisions Database – B. No: 2013/8840, 2016/6038, 2018/743, 2018/3789, 2018/8030, 2019/42029, 2020/37585, 2021/58563, 2021/63673, 2022/44846
• Turkish Penal Code No. 5237 (Art. 267)

This article serves for general informational purposes; the periods and rights in your specific case may vary according to the content of the decision and the notification date. Legislation and jurisprudence information has been compiled as of September 2026.