Restraining orders in Israel: three routes, and which one fits
"Restraining order" is an umbrella term for three different remedies: a protection order from the family court, removal as a condition of police release, and an order for the prevention of threatening harassment. Each has its own grounds, route and duration, and the choice between them affects how fast protection arrives and how far it reaches.
"When someone calls asking for a restraining order, the first question is not legal but practical: what happens tonight. The route follows from that."
Adv. Ester Efrati · Head of the Family and Inheritance Department
Three tools, three grounds
"Restraining order" is not a single legal term. It covers three separate remedies, each granted by a different body and under a different statute.
- A protection order under the Prevention of Family Violence Law, 1991. Granted by the family court, and applies to a family member.
- Removal as a condition of release under the law of arrests. Set by a police officer or by a court within criminal proceedings, after a complaint.
- An order for the prevention of threatening harassment under the Prevention of Threatening Harassment Law, 2001. Not limited to family members, and applies also to a neighbour, a colleague or a stranger.
The difference is not semantic. It determines which forum you approach, what must be shown, how quickly protection arrives, and how long it lasts.
Protection orders: when they are granted
The Prevention of Family Violence Law was designed to provide immediate protection, so it allows swift relief without the applicant having to wait for criminal proceedings or a divorce claim.
The court may grant an order where one of the grounds the law defines is met, principally where a family member has been violent, threatened violence, or behaved in a way that makes reasonable shared living impossible.
What the order can include
- Removal from the family home, even where it is owned by the person removed.
- A ban on being within a defined distance of the home, the workplace, or the children's school.
- A ban on making contact, including by telephone and messages.
- A ban on holding a weapon, including one issued for work.
- Directions regarding children and interim parenting arrangements.
An important point: removal from the family home does not affect the proprietary rights of the person removed. It is an interim remedy regulating who lives there in practice, not ownership.
Filing, and what happens at the hearing
The application is filed with the family court, together with an affidavit setting out the events and the dates. The more precise the documentation, the greater the chance that the order will be granted quickly.
Ex parte
Because of the urgency, the order may be granted ex parte, that is without the other party present and without their knowing of the application. In that case the law provides an important safeguard: a hearing with both parties present must be held within seven days of the order.
What is presented
- A chronological account of the events, with dates and places.
- Police complaints, if filed, and the file numbers.
- Medical records, photographs, recordings and correspondence.
- The names of witnesses, if any.
At the scheduled hearing both sides are heard, and the court decides whether to cancel the order, keep it in force or vary its terms. That is the decisive hearing, and representation at it carries weight.
Duration and extensions
A protection order is an interim remedy, so the law limits it in time.
- First period: up to three months.
- Extensions: the court may extend the order, provided the total of the periods does not exceed six months.
- Special cases: for special reasons to be recorded, the order may be extended to a total period of up to one year.
The practical meaning is that a protection order is not a long-term solution. It is meant to stabilise the situation and create a window in which matters can be arranged: criminal proceedings, an agreement, or the opening of a properly structured family case.
For that reason we almost always recommend using this period to arrange the living arrangements, the parenting time and the financial side, rather than relying on the order alone.
The police route
Alongside the application to the court, and sometimes before it, there is the criminal route. Filing a police complaint opens a separate proceeding, and it has two possible outcomes relevant to immediate protection.
Release conditions
When a suspect is released from custody, the release may be made subject to conditions, including removal from the home, a ban on contact and a ban on approaching. These conditions are set by a police officer or by a court, are limited in time and are subject to judicial review. A suspect who does not accept the police conditions may ask for the matter to be heard in the magistrates' court.
Whether to file a complaint
This question comes up in almost every enquiry. A complaint opens a proceeding that is not within the complainant's control, and it sometimes continues even where the complainant asks to withdraw. On the other hand, it creates an official record, enables immediate release conditions, and strengthens an application for a protection order.
There is no uniform answer. The decision follows from the level of risk, whether there are children at home and the financial situation, and it is best taken after advice rather than under the pressure of the moment.
Prevention of threatening harassment
The Prevention of Threatening Harassment Law, 2001, addresses situations in which a person follows, harasses or threatens another in a way that disturbs their peace of mind, even where there is no family relationship between them.
It is relevant to family files in certain situations: a former partner who is no longer a family member for the purposes of the other law, the other party's new partner, or a member of the wider family who is involved in the dispute.
Duration
- Up to six months for the first period.
- It may be extended, provided the total of the periods does not exceed one year.
- For special reasons to be recorded, it may be extended to a total of up to two years.
In other words, where it fits, this order provides longer protection than a protection order. The choice between the routes is made according to who the other party is and the nature of the conduct, not according to the length of protection wanted.
Breach of an order
A court order is a binding direction, and breaching it is not a civil matter. Breach of a protection order or of an order for the prevention of threatening harassment is a criminal offence carrying up to two years' imprisonment.
In practice the immediate consequence matters more than the likely sentence: a breach permits arrest, strengthens an application to extend the order, and changes the starting point in any family proceedings running in parallel.
What to do when an order is breached
- Document it: date, time, place, screenshots of messages or calls.
- File a police complaint, attaching a copy of the order.
- Notify your lawyer, so that an extension or stricter terms can be considered.
Breach of release conditions works through a different channel: it allows the suspect to be returned to custody for breaching the conditions, and does not necessarily constitute a separate offence.
What to know in advance
These are the points that recur in the enquiries we receive, and knowing them in advance avoids mistakes.
- The order does not resolve the dispute. It regulates safety in the short term. Property, housing and children must be arranged in separate proceedings.
- It has serious consequences for the person removed. Removal from the home, and sometimes an effect on a firearms licence and on employment. An unfounded application can rebound in the family proceedings.
- The hearing within seven days is the real hearing. Arriving at it unprepared is the common reason an ex parte order is set aside.
- Violence is not only physical. Conduct that makes reasonable shared living impossible is also covered, including threats and economic abuse where it forms part of a threatening pattern.
- Men apply for orders too. The law is drafted in neutral terms and applies to any family member.
In summary
The three routes all provide protection, but not in the same way: a protection order is fast and short, release conditions are immediate but depend on criminal proceedings, and an order for the prevention of threatening harassment is broader in who it covers and in how long it lasts.
What usually determines the outcome is two things: the quality of the documentation presented with the application, and the preparation for the hearing set within seven days. Both are within your control.
If you are in this situation, contact us. We will consider which route fits, what can be obtained today, and how to prepare for what follows. In an immediate situation call the police on 100; for support and information the Ministry of Welfare national hotline is 118.
To speak with us: Jerusalem 02-5953322 · Tel Aviv 03-3030430 · WhatsApp 050-4411343
What people ask us about restraining and protection orders
How long does it take to obtain a protection order?
An urgent application can be heard on the day it is filed, sometimes within hours. In suitable cases the order is granted ex parte, that is without the other party present. A hearing with both parties is then set within seven days.
How long is a protection order valid?
Up to three months for the first period. The court may extend it, provided the total of the periods does not exceed six months. For special reasons to be recorded it may be extended to a total of up to one year.
Can a protection order be obtained without a police complaint?
Yes. A protection order is a civil remedy and is not conditional on criminal proceedings. That said, a complaint that has been filed forms an official record and sometimes strengthens the application. Whether to file a complaint is considered separately.
The flat is registered in my name. Can I be removed from it?
Yes. Removal from a family home is possible even where the person removed is the owner or a co-owner. The order regulates who lives there in practice for a limited period, and does not affect the proprietary right itself.
What is the difference between a protection order and an order for the prevention of threatening harassment?
A protection order is granted under the Prevention of Family Violence Law and applies to a family member. An order for the prevention of threatening harassment is granted under a 2001 statute and applies also to someone who is not a family member, such as a neighbour, a colleague or a stranger. The duration differs too: up to six months, extendable to one year, and for special reasons up to two years.
What happens at the hearing set within seven days?
Both sides are heard, and the court decides whether to cancel the order, leave it in force or vary its terms. That is the decisive hearing. Arriving unprepared is the common reason an ex parte order is set aside.
What is the penalty for breaching an order?
Breach of a protection order or of an order for the prevention of threatening harassment is a criminal offence carrying up to two years’ imprisonment. In addition, a breach permits arrest and strengthens an application to extend the order or tighten its terms.
An unjustified order has been made against me. What can I do?
Prepare for the hearing set within seven days and present your account and evidence. Cancellation or variation of the terms can be sought. Note that breaching the order before it is set aside is an offence in itself, even if the order later turns out to have been unjustified.
Does the order cover the children as well?
The court may include directions concerning children, such as interim parenting arrangements or a ban on approaching the school. The full regulation of parental responsibility is dealt with in separate proceedings.
Can men apply for a protection order?
Yes. The law applies to any family member and is not limited by gender. Statistically most applications are made by women, but our office handles enquiries from men and women alike.
What can be done when the order is about to expire and the concern remains?
An extension can be sought within the limits of the law, and in parallel it is worth pursuing a permanent arrangement: family proceedings, an agreement, or considering the threatening harassment route if it fits. A protection order is meant to stabilise a situation, not to be a permanent solution.
Can a police complaint be withdrawn?
A request to withdraw a complaint is possible, but the decision whether to continue the proceedings rests with the authorities rather than the complainant. In family violence offences the proceedings often continue even where the complainant asks to withdraw. It is best to take advice before filing rather than only afterwards.
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A consultation meeting with a lawyer from the family law department, in which we will check which remedy suits the situation, what can be obtained today, and how to prepare for the hearing set within seven days.