Victims of Domestic Violence: Are You Entitled to Compensation?

1. Understanding Domestic Violence: A Legal and Human Rights Perspective

Domestic violence is not just a private issue—it is a human rights violation that has profound legal consequences. It encompasses a wide range of abusive behaviors including physical violence, sexual coercion, emotional abuse, economic control, and social isolation. In legal systems across the globe, including Turkey, domestic violence is increasingly recognized not only as a criminal offense but also as grounds for civil liability and financial compensation. The shift toward viewing victims not merely as individuals seeking protection but also as claimants with the right to redress has altered the legal landscape. Courts are now more willing to evaluate the long-term emotional, physical, and financial harm caused by repeated abuse within familial or intimate relationships. Moreover, international instruments such as the Istanbul Convention and the European Convention on Human Rights have created a framework obliging states to ensure victims’ access to justice, including the right to sue for damages. Understanding domestic violence in this broader context allows us to assess how legal systems can move beyond punishment toward restorative justice, aiming to rebuild the lives of survivors through compensation and care.

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2. What Types of Compensation Can Domestic Violence Victims Claim?

Victims of domestic violence may pursue civil compensation claims in addition to initiating criminal proceedings against the perpetrator. The types of compensation typically available fall into two main categories: pecuniary (financial) and non-pecuniary (moral/emotional) damages. Pecuniary compensation can include medical expenses, therapy and counseling costs, lost wages due to trauma-induced inability to work, relocation expenses, or property damage. Non-pecuniary damages, on the other hand, relate to pain, suffering, fear, humiliation, degradation, and loss of dignity. Courts may also consider the duration of abuse, the intensity of violence, and the psychological scars left behind. In certain jurisdictions, especially under Turkish civil law, judges have discretionary authority to determine the amount of moral compensation based on the victim’s age, status, and circumstances. In extreme cases involving egregious violence or torture, additional compensation may be awarded for aggravated moral harm. It’s also important to note that victims may sue not only the perpetrator but also any third party (e.g., employers, institutions) who had a duty of care and failed to intervene or report known abuse. These compensation mechanisms aim not only to provide financial redress but also to offer symbolic justice and promote healing.

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3. Legal Framework in Turkey: Civil and Criminal Remedies for Survivors

Turkey has developed a dual-track system that provides criminal prosecution of abusers alongside civil remedies for victims. Under Law No. 6284 on the Protection of Family and Prevention of Violence Against Women, courts can issue protective orders such as restraining the perpetrator, providing shelter to the victim, and facilitating access to support services. Simultaneously, survivors can bring a civil lawsuit against the perpetrator for damages caused by the violence. These civil cases are usually filed in general civil courts (asliye hukuk mahkemesi) and require the victim to demonstrate the extent of harm. Turkish jurisprudence increasingly accepts psychological reports as valid evidence, especially from state-certified forensic psychologists or psychiatrists. In cases where the abuse caused long-term physical disability, victims can also pursue compensation under the Turkish Code of Obligations (Article 58) for permanent impairment. It’s crucial to understand that the existence of a criminal case does not negate the right to pursue civil compensation. In fact, a criminal conviction can strengthen a civil claim by serving as conclusive evidence of fault. This comprehensive framework aims to ensure survivors have access to justice, security, and the financial support necessary for recovery.

4. Emotional Trauma: Proving Psychological Harm in Civil Lawsuits

One of the most challenging yet critical components of domestic violence compensation cases is the proof of psychological trauma. While physical injuries can often be photographed or documented through medical reports, emotional suffering is more abstract and requires expert psychiatric or psychological evaluation. Turkish courts accept certified mental health evaluations from public or private hospitals as key evidence for emotional damage claims. These reports must clearly link the trauma to the domestic abuse and may include symptoms such as post-traumatic stress disorder (PTSD), anxiety, depression, phobia, or sleep disorders. Victims are strongly advised to undergo consistent therapy and maintain records of all appointments, medications prescribed, and progress reports. The more detailed and consistent the documentation, the stronger the basis for non-pecuniary (moral) compensation. Courts may also consider victim impact statements, witness testimony from friends or relatives, and even diary entries or text messages that demonstrate the extent of suffering. While Turkish law does not assign a fixed value to moral harm, judges are guided by principles of equity, proportionality, and deterrence, ensuring that the awarded compensation reflects both the injury and society’s repudiation of such abuse.

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5. Filing a Compensation Lawsuit: Procedures and Deadlines

Victims of domestic violence who seek compensation must follow specific procedural steps under Turkish civil law. The first is to determine the appropriate jurisdiction, which is usually the civil court of first instance in the locality where the abuse occurred or where the victim resides. The lawsuit begins with a petition (dava dilekçesi) outlining the nature of the abuse, its duration, and the damage suffered—both physical and emotional. Supporting documents such as police reports, medical records, psychological assessments, witness statements, and prior criminal court judgments should be annexed to the file. The statute of limitations for filing a compensation claim in domestic violence cases is generally 2 years from the date the victim became aware of the damage and the identity of the perpetrator, with a maximum limit of 10 years. However, if the abuse constitutes a crime such as intentional injury or torture, longer limitation periods may apply, in line with the Turkish Penal Code. Legal representation is highly recommended, as these cases often involve complex evidence and sensitive emotional narratives. Once filed, the court may appoint expert panels, request additional evidence, and conduct closed-door hearings to protect victim privacy. The process may take several months to over a year, but a successful outcome can provide not only compensation but also a measure of closure.

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6. The Role of the Istanbul Convention and International Human Rights Law

The Istanbul Convention, officially known as the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, is a landmark treaty that significantly shapes domestic legal obligations in Turkey and beyond. Although Turkey withdrew from the Convention in 2021, its principles remain influential, especially in judicial reasoning and civil rights advocacy. The Convention obliges signatory states to ensure that victims have access to civil remedies and compensation, even when criminal proceedings are not pursued. It emphasizes the importance of proportional, adequate, and timely redress for physical and emotional harm, and mandates the removal of legal or practical barriers that prevent victims from claiming their rights. Additionally, other international instruments such as the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the European Convention on Human Rights continue to apply, supporting survivors in their quest for justice. Turkish courts increasingly reference these frameworks, particularly in cases involving severe abuse, child witnesses, or systemic failures by public institutions. Thus, even after the Istanbul Convention’s withdrawal, its spirit lives on through strategic litigation and evolving jurisprudence, empowering victims to assert their dignity and demand reparations.

7. Municipal and State Responsibility in Domestic Violence Cases

While the primary liability in domestic violence cases rests with the perpetrator, the state and municipal authorities may also bear legal responsibility—especially when they fail in their duty to protect. Under both Turkish law and international human rights obligations, public institutions are expected to provide preventive, protective, and rehabilitative mechanisms for domestic violence victims. If a municipality fails to provide shelter, the police neglect to respond to repeated complaints, or prosecutors delay initiating criminal proceedings, the state may be found negligent or passively complicit. In these circumstances, victims may file compensation claims under administrative jurisdiction, suing the relevant government authority for failure to prevent foreseeable harm. There have been successful lawsuits in Turkey where courts have ordered compensation from the state for inadequate policing, failure to enforce restraining orders, or lack of support services. Article 125 of the Turkish Constitution and related provisions in the Administrative Procedure Law grant citizens the right to hold the administration liable for damages caused by unlawful acts or negligence. This legal avenue not only enhances accountability but also reinforces the principle that state inaction can be as damaging as direct abuse, especially when victims are left without recourse or protection.

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8. Compensation for Children Witnessing Domestic Abuse

Children who witness domestic violence—even if they are not directly harmed—are recognized in both psychology and law as secondary victims who may suffer emotional and developmental trauma. Witnessing a parent being abused can cause anxiety, depression, aggression, regression in behavior, and long-term emotional instability. Turkish law increasingly acknowledges the rights of child victims, and civil courts may award moral damages if children are exposed to continuous violence within the home. In cases where the abuser is the child’s parent, civil compensation claims may be filed by the other legal guardian, a court-appointed trustee, or through public prosecutors in coordination with child protection services. Furthermore, if the child develops diagnosable psychological disorders as a result of the violence they witnessed, these records can be used in both criminal and civil courts to support the claim. Compensation may also include future therapy costs, disruption of schooling, and damage to the child’s sense of security. This area of law reflects the growing emphasis on intergenerational harm, recognizing that domestic violence reverberates far beyond the primary target and requires a comprehensive restorative response.

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9. The Link Between Divorce Proceedings and Compensation Claims

Domestic violence often leads to the breakdown of marriages or intimate partnerships, and many victims initiate divorce proceedings as part of their recovery process. In Turkey, victims of domestic violence can seek divorce under the category of fault-based divorce (şiddetli geçimsizlik nedeniyle boşanma) or on grounds of cruelty. These proceedings may overlap with civil compensation claims, especially when the abuse was a central reason for the divorce. Victims can request financial compensation (maddi tazminat) for material losses such as lost income or medical costs, and moral compensation (manevi tazminat) for emotional suffering. The Family Courts (Aile Mahkemeleri) often handle both divorce and compensation matters concurrently or consecutively, and judges are empowered to consider prior incidents of violence in setting alimony, child custody, and property division. In some cases, the victim may receive temporary protective measures such as housing, travel restrictions on the abuser, or emergency financial support during the divorce process. Integrating compensation within family law litigation streamlines the judicial process and allows victims to address multiple legal harms in a single forum, reinforcing both justice and emotional closure.

10. Access to Legal Aid and Support Services for Victims

A critical barrier for many domestic violence survivors seeking compensation is the lack of financial means or legal literacy. Recognizing this, Turkish law provides for legal aid (adli yardım) in both criminal and civil cases for individuals who cannot afford legal representation. Victims can apply to the bar association’s legal aid office (baro adli yardım servisi) in their province and, upon demonstrating financial hardship, receive free legal counsel. Additionally, there are specialized support mechanisms such as ŞÖNİM (Violence Prevention and Monitoring Centers), ALO 183 helpline, and women’s shelters that offer legal, psychological, and social assistance. These institutions can assist victims in documenting abuse, obtaining protective orders, and filing compensation lawsuits. NGOs and human rights organizations such as Kadın Cinayetlerini Durduracağız Platformu or Mor Çatı also provide pro bono legal assistance and counseling services. The integration of multi-disciplinary support networks helps ensure that victims are not re-traumatized by the legal system and are instead empowered to pursue justice in a secure and informed manner. Public awareness campaigns and institutional partnerships are key to making these services accessible, especially for marginalized victims such as refugees, disabled women, or those in rural areas.

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11. Compensation Amounts: How Are They Calculated?

The amount of compensation awarded in domestic violence cases depends on a number of factual, medical, and psychological variables, all evaluated by the court. Judges take into account the duration and severity of the abuse, the emotional and physical harm, the extent of economic loss, and the impact on the victim’s quality of life. In moral compensation claims, Turkish courts do not use rigid tables, but apply principles of equity, deterrence, and symbolic justice. For instance, a victim who suffered visible disfigurement or long-term trauma may receive a higher award than someone with short-term emotional distress. Courts also consider aggravating circumstances, such as abuse during pregnancy, in front of children, or in defiance of a protection order. While compensation ranges vary, awards typically fall between 20,000 and 100,000 TL for moral damages, though amounts may exceed this in severe or high-profile cases. It’s worth noting that courts aim to strike a balance between adequate redress and preventing the abuse of the system. Legal representation and expert witness testimony are critical in helping victims secure fair compensation that reflects the full scope of their suffering and the societal condemnation of violence.

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12. Settlements and Out-of-Court Compensation Agreements

In some cases, victims and perpetrators may reach out-of-court settlements—a legal agreement where the abuser pays a certain amount of compensation in exchange for the victim withdrawing a civil lawsuit. While this may provide a faster resolution, it also carries risks, especially in power-imbalanced relationships where coercion is possible. Turkish law allows settlements in civil claims but strongly discourages them in cases involving criminal prosecution, particularly where public interest and deterrence are at stake. Legal advisors play a crucial role in ensuring that any agreement is voluntary, informed, and not exploitative. If a settlement is reached, it should be drafted as a legally enforceable contract and notarized or approved by the court. In some jurisdictions, courts may require judicial review to ensure the victim’s rights are preserved. While settlements can provide immediate financial relief and emotional closure, they should never replace systemic accountability or enable perpetrators to escape scrutiny. Therefore, victims considering this route should always consult a qualified attorney or women’s rights organization to evaluate the risks and benefits. Transparency, documentation, and emotional readiness are essential for making settlement agreements a genuinely empowering choice rather than a compromise under pressure.

For more detailed information and legal assistance, FFK Partner Law Firm provides you with professional support!