A family member's drug use affects the entire legal and social order of the family. In this article, we compile legal remedies that victim families can apply.
Treatment Assistance — Voluntary and Mandatory
- Voluntary treatment: Direct application to AMATEM/ÇEMATEM.
- TCK Article 192/4 - Treatment Assistance: Impunity upon application to official authorities.
- Compulsory treatment: Within the scope of TMK Article 432 and later, if the person harms himself or his environment, protection and treatment decision (with special provisions and medical board report).
Custody and Guardianship
- Dependent parent: Request for change in child custody (TMK article 183).
- Dependent adult: Taking under guardianship (TMK article 405).
- Precautionary decisions may be taken at the beginning of the process.
Property Loss and Compensation
- Recovery of common property sold/transferred by a family member: General provisions of the TMK and special cases.
- Cancellation of legal actions taken in case of incapacity (TMK article 10).
- Review of expenses incurred by the dependent spouse in the family court.
In Case of Violence — Law No. 6284
For the person who commits domestic violence under the influence of drugs, within the scope of Family Protection Law No. 6284:
- Removal from residence.
- Communication ban.
- Weapon surrender.
- Treatment obligation.
Supreme Court 2nd HD — Principle
2. HD accepts that the spouse's drug addiction can be considered as a reason for divorce (TMK Article 166), and in this case, an interpretation can be made in favor of the victimized spouse in the liquidation of compensation and property regime.
Protection of the Child
Practical Steps for the Family
- Try to keep the treatment application on a voluntary basis as much as possible.
- Request bank/title deed injunction to prevent asset losses.
- If there are children, give priority to custody arrangements.
- In case of violence, invoke Law No. 6284.
- Reserve your rights to moral compensation.
Victim families require both legal and psychological support. Planning should be done together with Family and criminal law lawyer