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Violence

Below are selected readers' questions on 'Violence' ,that we have chosen to answer. Further and more detailed information can be found on our main website, Family Law in Israel , at:

  • http://www.family-laws.co.il/violence-scope
  • http://www.family-laws.co.il/violence-people-covered
  • http://www.family-laws.co.il/violence-protection-available
  • http://www.family-laws.co.il/violence-false-complaints
  • Yes! His girlfriend can bring civil proceedings against him, and apply to court for a protection order, while the police can start criminal proceedings against him, for assault, if she complains to them.

    No! The court acts cautiously where there are serious claims of sexual harrassment or molestation against a minor,giving "first aid",before checking out the authenticity of allegations. At the emergency measure stage, the child's right to protection  takes precedence over the father's visitation rights.Afterwards, the father is given the opportunity to defend himself. In 1998 the Supreme Court noted that claims of sexual harrassment or abuse can be used by one person to harm another for other motives,and family courts are aware of this.

    You can point out, as Jerusalem  District Court stressed in 2004,that the 1991 Prevention of Violence within the Family Act requires a close connection between the alleged violent act and the request for an order to keep the alleged violent person away.If the alleged violent act takes place shortly before the application for a protection order is filed, then the court can deal with the case.If, however,a "substantial amount of time" has elapsed since the alleged violent event, as appears to be so from your description, the court will lack jurisdiction to deal with it under the act.If this were otherwise, then "anybody could keep an intimidating event in the past inside him, and use it against his enemy much later on", Judge Drori said in Leave of Civil Appeal 179/04. 

    Yes, you can apply for a protection order either makes him deposit the weapon with his employer, at the end of each working day.
    Yes, an action for civil damages can be filed by a child against an abusive father at the family court, but its chances of success will depend largely upon proving the abuse, the damage suffered , and the causative connection between the two.
    You can apply to the family court for a tailor-made order preventing her from entering the family home, or coming within the vicinity of it, and/or from harrassing you anywhere and in any way.
    Yes, and it can be granted, if she persuades the court about his violence, or the substantial risk of it, under the 1991 Prevention of Violence in the Family Act. She , must take care not to phrase her application in terminology more applicable to rabbinical court proceedings such as a plea for 'peaceful accommodation.'
    She can get a protection order based on alleged violence, or substantial risk of violence, if she files for it close to the time of her return.
    Yes ! An order can be given that will protect him by forbidding her to harass him anywhere and in any way.

    Yes, but the physical violence must be substantial, and not a one-off event.

    By applying for a protection order at the family court, under the 1991 Prevention of Violence Within the Family Act

    By arranging for a third party, such as one of your relatives, to collect and return your children from the family home. You can see them this way – outside the family home – and without breaching the order.

    Yes, the law protecting family members applies to former couples, too, whether they were married or unmarried.

    Yes! A woman is entitled to protection from her husband whether she lives with him or not- and even after they divorce, under the Prevention of Violence Within the Family Act of 1991.

    Yes, a woman can get an order to protect her from verbal and emotional violence by her husband or common-law partner, if the abuse is substantial and was not an isolated incident. Usually evidence in the form of recordings or witnesses is required.

    Yes! The Prevention of Violence Within the Family Act of 1991 allows one family member to seek a protection order for another. You will need to give a detailed affidavit concerning his violence and attach any supporting documentation such as complaints to the police, or to her doctor, or medical reports from the hospital casualty department.

    You cannot take her right to file further complaints against you, even if they are false or unjustified, but you can take an advantage of a mechanism in the 1991 Prevention of Violence Within the Family Act allowing you to seek financial compensation from her...

    No ! Once a woman files a complaint for domestic violence with the police, it is no longer in her hands, even if she approaches them again and withdraws it, after reconciling with her wife. Once the process is started, the decision about whether to prosecute is not in her control, and the State Attorney and the police together decide whether to prosecute, on the basis of the severity of the alleged offence. A judge has discretion to prosecute, even against the wife's wishes.