Family Attorney
A restraining Order
Because sometimes there is no choice and that is the best protection
A protection order is the main legal tool for dealing with domestic violence, in which the court orders the removal of the violent spouse from the apartment, from the other spouse’s workplace, etc.
The order is issued after filing an application with the Family Court, when a temporary restraining order can also be obtained by the police. Alongside these, there is also the possibility of applying for an order to prevent threatening harassment.
- We regret in advance that the reference is mostly in the female body (we cannot correct the Hebrew language) and are aware that there are men who will feel that there is a preference for women. This is not the case, there are definitely situations where men are also subject to domestic violence by their spouses, and we also know and handle such cases in our office, but it is hard to argue with the statistics and it is mostly women.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
Protection Order
Domestic violence is one of the most severe phenomena in society and it leads to physical and mental harm to spouses and children. Out of the need to provide immediate protection for victims of violence, the Domestic Violence Prevention Act, 1991, was created, by virtue of which it is possible to apply to the Family Court and request the removal of the abusive family member when a real physical danger is imposed. Most applications for a protection order are submitted by spouses who are suffering from violence by their spouse who harms them and / or their children. If the court considers that the application should be granted, it orders prohibitions and restrictions on the violent spouse such as a prohibition on being at a certain distance from the residence, from the spouse’s workplace and more. Due to its urgency, the order can be given in the presence of one party, then a hearing in the presence of both parties will be held within seven days. The validity of a protection order is about three months and this validity can be extended several times, up to a total period of up to six months. The court has additional authority to extend the validity of a protection order for a total period of one year in special cases.
Police deportation order
Before applying to the court for a protection order or in parallel with it, it is very important to file a complaint with the police in order to initiate criminal proceedings against the violent family member. Also, once a complaint has been filed, a police officer may issue a police restraining order that is temporary for a period of up to 30 days. As part of this, he can order various restrictions to be imposed on the violent spouse, such as removal from the shared residence, a ban on contacting the spouse and more. One of the questions that arises in this context is whether an application to the police can replace the application to the court for a protection order. Well, the answer is in the negative, since the remedy that the police can give is for a short time only. The court, on the other hand, is authorized to issue a protection order for three months, when there is a possibility of extending the order when necessary. It should be emphasized that the violation of these orders by the violent spouse against whom the order was given, constitutes a criminal offense and can lead to his arrest and the filing of an indictment.
An order to prevent threatening harassment
There are cases where domestic violence is not physical violence, but verbal violence, such as threats and harassment. In these situations, the relevant legal tool is an order to prevent threatening harassment, which like a protection order, can also be obtained first in the presence of one party in order to protect the injured party and within a maximum of seven days a hearing in the presence of both parties. The issuance of this order is within the jurisdiction of the Family Court as well as the Magistrates’ Court, since the parties do not have to be relatives in order to receive the order. The request for the order was received? The court may impose various restrictions on the harassing spouse, such as a ban on being at a certain distance from the victim and a ban on contacting him. The order is valid for up to 6 months, when the period can be extended several times up to a maximum period of one year and in special cases up to a total period of two years. Violation of the order also constitutes grounds for arrest and indictment.
Are you exposed to a case of domestic violence?
We invite you to conyact us legal advice, ito examine all the options available to you.
Domestic violence can and must be stopped Domestic violence can and must be stopped and prevented. Are you exposed to domestic violence? We can help you. I invite you to contact me immediately on WhatsApp at any time.
We have extensive experience handling cases involving family violence.
We canhelp you get through the crisis or the divorcein the best way for you.
