Petition For Appeal Against Suspension Decision
-SAMPLE PETITION-
ANKARA RELEVANT (APPEAL AUTHORITY) FAMILY COURT
(To be sent)
ANKARA ( ) FAMILY COURT
D.NO:2021/…..
REQUESTER
DEFENDANT :
ADDRESS :………
REPRESENTATIVE :
ADDRESS :
TELEPHONE :
DEFENDANT :
ADDRESS :…
SUBJECT OF REQUEST :
Ankara ( ) Family Court’s ../../…. Date, 2021/… E. numbered protection decision of Ankara ( ) Family Court.
EXPLANATIONS
../../…. given within the scope of the file registered in the above-mentioned file of your court We have learnt about the Protection Decision according to Law No. 6284, and our objections against the decision in question are presented below.
In the decision in question, a suspension and cautionary decision has been made about the client, and this decision is a decision made by taking into account the unilateral demands and biased evidence of the requesting party, and the requesting party is personally malicious. Namely
It is unknown to whom and when the so-called conversation records submitted by the requesting party in the annex of the petition were sent. Because the plaintiff client has not met with the defendant party after the divorce case was filed, he does not even know his phone number. The client has not seen the requesting party for years.
We do not accept the authenticity of the unrealistic conversation records presented by the requesting party. The requesting party started to provoke and harass the client by telephone (either by himself or through others), especially after the client brought up the divorce issue. At this point, we request the subpoena of GSM records. Because when these records are subpoenaed, it will be revealed that the claims of the requesting party are not true.
In addition, the document showing the so-called messages submitted to the annex of the request does not include the conversations and messages of the requesting party. Even the fact that such a one-sided conversation has taken place is contrary to the ordinary course of life. The requesting party has issued this protection order in order to put the client in difficulty. Because the client has not seen him for years.
LEGAL GROUNDS : CPC, TMK, Av. Law. and other relevant legislation
EVIDENCE :
Printouts of messages and e-mails (subpoena is requested from GSM company), Witnesses (will be presented later if necessary), Expertise, discovery, oath, all other evidence
Witnesses:
E….. (T.C.:………….)
………………….. Batıkent Yenimahalle Ankara
F….. (T.C.:………….)
………………….. Ostim Yenimahalle Ankara
We reserve the right to present evidence against the evidence presented/to be presented by the other party
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration ex officio by your Court;
1-Removal of the Protection Decision of the Ankara ( ) Family Court dated …/…/…. according to the Law No. 6284,
2-If your court is of the opposite opinion, the file shall be referred to the relevant authority for a decision,
We request a decision by proxy. 10/12/2021
CLAIMANT DEFENDANT
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