Law No. 6284 provides emergency protection to victims of domestic violence. The first protection order is usually issued for up to 6 months; However, if the risk persists, extension is possible.
Legal Basis
- 6284 art.5: Protective measures (removal from residence, ban on communication, surrender of weapons).
- 6284 art.8: The judge issues a protection order; It sanctions violation with coercive imprisonment.
- 6284 art.10: Periods: up to 6 months for the first decision; extension possible.
Extension Conditions
- Concrete documentation that the risk of violence persists.
- Observing that the victim's fear is reasonable.
- Threats/approach attempts by the perpetrator.
- Risk of abduction/influence if there is a child.
Coercive Imprisonment in Case of Violation
The person who violates the protection order is punished with 3-10 days of coercive imprisonment upon the request of the victim or upon detection ex officio. The duration increases with repetition (may take up to 6 months).
Supreme Court HGK and 2nd HD — Established Approach
2. HD and HGK require that the principle of "not seeking evidence" should be applied when issuing the 6284 protection order, that only the victim's statement should be considered sufficient, but that ongoing risk indicators should be presented in the extension request.
Practical Steps
6284 is a vital tool for victims of domestic violence. The process should be planned with Family law lawyer.