Temporary legal protection measures in divorce cases

Temporary legal protections are regulated as a top title in the tenth part of the Code of Civil Procedure. We study on interim injunction in the first chapter and recording of evidence and other temporary legal protections in the second chapter. The Legislator mentions that there may be other temporary legal protections outside interim injunction and recording of evidence in other codes instead of specifying them individually. Temporary legal protections can be also applied in divorce cases. The judge may give a decision of divorce or separation depending on the demands of a spouse in the divorce proceedings. Although the principle of procedural economy is the general principle of procedural law, principle of ex officio examination is applied in divorce proceedings. Because the judge is required to take a number of measures during or before the divorce case. We discuss the legal characteristic (whether it is an interim injunction, temporary legal protection or ex parte proceeding) of legal measures, which are named as measure, caution or temporary measure, regulated in Turkish Civil Code and Law no. 6284 on Protection of Family and Prevention of Violence Against Women and Law no. 4787 on Establishment, Duties and Trial Procedures of Family Courts. We also discuss the legal charecteristic of material compensation, compensation for mental anguish, alimony and child maintenance in this study. Three important points were presented in the final part as conclusion: cautions for the protection of the union of marriage and cautions regulated in Turkish Civil Code a. 169 and Law no. 4787 are temporary legal protections specific to family law; legal measures regulated in Law no. 6284 are ex parte proceeding; material compensation, compensation for mental anguish, alimony and child maintenance are adversarial proceeding. Key Words: temporary legal protection, interim injunction, ex parte proceeding, divorce case, measure, caution, temporary measure.