Nekibzade Advocates

Articles & Practical Legal Information

Restraining Orders: Extensive Powers Given to the Court

The amendments done to the 1/1998 Family (Marriage Divorce) Law a few years ago, among other things, gave considerable powers to the court to protect victims or potential victims of domestic violence and other related incidents.

Regardless of whether the couple are married or living together, if one partner physically harms, sexually attacks, applies violence, applies duress economically or morally, enters the house which is used by the other partner, harasses, stalks, commits a criminal offence under the criminal act, threatens to take the child out of jurisdiction or attempts to do the above, the courts can give protection orders to protect the victim partner.

The court can order for the attacker partner to stay away, prohibit that partner from communicating with the victim or the children, prohibit the partner from possessing or carrying a gun that he may be legally allowed to do so otherwise and to prohibit him from entering the victim’s house, property, school or workplace. 

In extreme cases, when there is a real danger of harm, the court may also order round the clock safeguarding of the victim by police officers.

Related practice area:  Divorce & Family Law

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