1. How is fault determined in a divorce case?

According to Article 166 of the Turkish Civil Code, if the marital union has been shaken to such an extent that it cannot be expected from the spouses to continue their common life, each spouse may file for divorce. The judge makes this assessment by examining the parties’ concrete actions and behaviors within the marital union. The fault ratio directly affects the outcome of demands such as material and moral compensation (TCC Art. 174) and alimony for indigence (TCC Art. 175).

For the general process of a divorce case, you can refer to our article on how to file for divorce.

2. Is a protective order considered fault on its own?

No. Measures under Law No. 6284 are issued to quickly provide protection against the danger of violence and, as a rule, are not based on an extensive examination of evidence. The Constitutional Court stated in its decision B. No: 2019/42029 (17/11/2022) that the protective measure process under Law No. 6284 is an independent process.

Therefore, the submission of a protective order to the divorce file alone does not lead to the conclusion that “violence was applied.” The events forming the basis of the protective measure must also be proven separately in the divorce case with evidence such as witnesses, reports, and correspondence. In this regard, a protective order is a document evaluated along with other evidence in the file.

3. If the Underlying Events Are Proven: Serious Fault

When actions such as physical violence, threats, or insults, cited as the basis for the protective order, are proven with evidence in the divorce case, these actions are considered serious fault in the breakdown of the marital union.

In the file subject to the decision of the 2nd Civil Chamber of the Court of Cassation, numbered E. 2023/3225, K. 2024/481, and dated 25/1/2024, incidents such as the man applying violence and attempting to abduct with a weapon at his waist were deemed fault in the fundamental breakdown of the marital union.

4. Is living separately due to a precautionary measure considered abandonment?

No. Living separately during the period of a precautionary measure is based on a legal obligation. In its decision dated 20/4/2016, numbered E. 2016/4824, K. 2016/8049, the 2nd Civil Chamber of the Court of Cassation stated that the behavior of a woman who lives separately from her spouse and does not return home in accordance with a precautionary measure issued by the court constitutes a justifiable reason and that a divorce case filed on this ground should be dismissed.

• A spouse against whom a restraining order has been issued is not considered at fault for “abandoning the home” due to the period of absence from home to comply with the measure.
• The protected spouse also cannot be held responsible for abandonment fault because they did not return to the common residence during the precautionary period.
• Against a warning to return home sent during the precautionary period, it can be argued that living separately is based on a justifiable reason stemming from a court decision.

The law also grants the judge the authority to decide on determining a separate place of residence from the common place of residence for the protected person, if they are married (Law no. 6284, article 4/1-b).

5. Alimony and custody decisions given in the precautionary measure file

Law No. 6284 also allows for temporary arrangements regarding family law within the precautionary measure file:

• Provisional alimony (Art. 5/4): If the perpetrator of violence is also the person who provides for the family’s livelihood or contributes to it, provided that alimony has not been ordered according to the provisions of the Turkish Civil Code (TMK), the judge may order provisional alimony, even if not requested, taking into account the living standard of the victim of violence.
• Collection of alimony (Art. 18): A copy of the alimony decision is sent ex officio to the enforcement office; if the obligor has a connection with SGK (Social Security Institution), the alimony is deducted from their salary or wage without the need for an application from the protected person.
• Custody and personal relations (Art. 5/3): The judge may also decide on matters of custody, guardianship, alimony, and personal relations in accordance with the provisions of the Turkish Civil Code (TMK), along with the protective measures.

When a divorce case is filed, these temporary arrangements are re-evaluated within the case. The determining criterion for custody is always the child’s best interest; facts in the protective measures file may be taken into account in this evaluation.

6. Effects regarding property division and housing

The interim measure decision does not abolish rights related to the liquidation of the matrimonial property regime. The Constitutional Court also emphasizes that the measures under Law No. 6284 are not aimed at resolving property division or ownership disputes (App. No: 2014/12009). Issues of housing, belongings, and property division are addressed separately in divorce and matrimonial property regime cases.

• The person removed from the home can retrieve their personal belongings and documents, only with police escort and through a written record, in accordance with Law No. 6284, Art. 8/7.
• For property regime and division, our articles on property division in divorce and contribution share and participation claim may be guiding.

7. Is amicable divorce possible while a precautionary measure is in place?

Yes. The existence of a precautionary measure does not prevent the spouses from reaching an agreement on the financial consequences of divorce and the situation of the children. In an amicable divorce, since the judge must personally hear the parties in accordance with Article 166/3 of the Turkish Civil Code (TMK), the existence of a precautionary measure must be reported to the court in advance, and necessary arrangements must be made to prevent contact with the protected person during arrival at and departure from the hearing. For protocol preparation, you can refer to our article on amicable divorce protocol.

The signing of the protocol or the finalization of the divorce can also be used as a significant fact in objecting to the extension of the precautionary measure or in requesting its removal.

8. Why is Expert Lawyer Support Necessary?

A restraining order alone does not constitute fault in a divorce case; however, if the violence, threat, or insult cited as the basis for the measure is proven in the divorce case, severe fault arises, and claims for material and moral compensation and alimony for destitution are directly affected. Since the precautionary measure file and the divorce case must be managed together, expert divorce lawyer support in divorce cases involving a 6284 precautionary measure determines the outcome of the fault dispute.

The use of Supreme Court jurisprudence against classifying living separately during the interim period as a fault of abandonment, the planning of witness, report, and correspondence evidence for the proof or refutation of the underlying events, and the re-evaluation of alimony, custody, and personal relationship decisions given in the interim measure file within the divorce case are the main issues handled by an experienced family law attorney.

2M Law works on divorce and interim injunction cases originating from Tuzla, Pendik, Kartal, Maltepe, Kadıköy, Ataşehir, and Üsküdar in the family courts of Istanbul Anatolian Courthouse, and on family law disputes in Gebze, Çayırova, Darıca, and Dilovası in Kocaeli.

9. Frequently asked questions

Is a restraining order considered fault in a divorce?

Not on its own. An interim injunction is an independent process; what determines fault is the proof, with evidence in the divorce case, of incidents like violence, threats, or insults that form the basis for the injunction. If proven, it can constitute severe fault.

Is living separately from home due to an interim injunction considered abandonment?

No. The 2nd Civil Chamber of the Court of Cassation accepts the spouse living separately under a precautionary measure as a valid reason for not returning home; this period does not constitute fault for desertion or unjust separation.

Can a divorce case be filed while a precautionary measure is in effect?

Yes. A precautionary measure does not prevent a divorce case from being filed; the precautionary measure file and the divorce case proceed independently, but the evidence is evaluated together.

Can alimony be granted in a precautionary measure file?

Yes. Pursuant to Article 5/4 of Law No. 6284, if the person applying violence provides for the family’s livelihood, the judge may rule for precautionary alimony even if not requested. Alimony is collected by deduction from salary if there is an SGK connection (Article 18).

Does a restraining order affect custody?

The determining criterion in custody is the child’s best interest. The facts in the precautionary measure file may be taken into account in this assessment; however, the existence of a precautionary measure decision alone does not mean that custody will be lost.

Can an uncontested divorce proceed while a precautionary measure is in effect?

Yes. Spouses can agree on divorce and its consequences. Since the judge must personally hear the parties, the existence of the precautionary measure decision must be notified to the court in advance.

10. Legislation and Resources

• Turkish Civil Code No. 4721 (Art. 166, Art. 174, Art. 175)
• Law No. 6284 (Art. 4/1-b, Art. 5/3, Art. 5/4, Art. 18)
• Constitutional Court Decisions Database – App. No: 2014/12009, 2019/42029
• Supreme Court 2nd Civil Chamber, P. 2023/3225, D. 2024/481, D. 25/1/2024 · P. 2016/4824, D. 2016/8049, D. 20/4/2016

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 case law information have been compiled as of September 2026.