Domestic violence and a protection order: the legal response in situations of risk
What domestic violence is and its types, when a protection order can be sought, how the application is filed and what the court may order.
Domestic violence is a painful and sensitive phenomenon, one that requires a fast, firm and precise legal response. Whether the violence is physical, emotional, verbal, sexual or economic, Israeli law recognizes it and provides legal tools for protecting those who are harmed.
At the Halevi • Levi law office, we provide discreet and professional support in situations of violence within the family, including filing a request for a protection order, turning to the police, representation in court and support in dealings with the welfare services.
What is domestic violence?
Domestic violence includes any harmful behavior by a spouse or partner, a parent, a sibling or any other family member, which causes fear, threat, control or harm, physical or emotional.
Common types of violence:
Physical violence: assault, pushing, bodily harm
Verbal and emotional violence: humiliation, threats, control and social isolation
Sexual violence: coercion or abuse within the family unit
Economic violence: control of income, blocking access to the account, preventing financial independence
A protection order: when is it appropriate and for whom?
A protection order is an urgent legal proceeding intended to remove the violent person from the home or from the victim, and to stop the violence or the threats immediately.
A protection order may be issued when:
There is actual violence or a threat of violence
There is repeated physical or emotional harm
There is threatening or harassing behavior by a family member
How is a request for a protection order filed?
A request for a protection order may be filed in the Family Court or in the Magistrates' Court (according to the case). The request will include an affidavit describing the course of the violence, and it will be heard at an urgent hearing, usually on the same day.
At the hearing the court may:
Order removal from the home or from the workplace
Prohibit contact or approach of any kind
Prohibit carrying a weapon or entering the victim's surroundings
How long does the order last?
A protection order is granted for 3 months, and it can be extended for up to a year (and even beyond that in exceptional cases). Breaching a protection order is a criminal offense, and the police are authorized to arrest the person who breaches it.
Legal support in sensitive situations
Domestic violence is a criminal matter, but also an emotional and multi-dimensional legal proceeding. At the Halevi • Levi law office we handle these situations with sensitivity and discretion, and with protection of the rights of those who have been harmed.
We assist with:
Immediate and strategic advice
Drafting an affidavit and filing a request for a protection order
Representation in court
Support in accompanying proceedings of custody, support, dissolution of joint ownership or divorce
Frequently asked questions about domestic violence
Can a protection order be requested even without a complaint to the police?
Yes. It is possible to turn directly to the court, even without filing a complaint, and to receive an immediate temporary order.
Does a protection order apply to children as well?
Certainly. The court may include protection for children in the order, and may also set restrictions on visitation arrangements if there is danger.
Can the violent spouse see the victim at the hearing?
Not necessarily. It is possible to ask that the hearing be held behind a partition or separately, while keeping full safety.
What is the difference between a protection order and a restraining order?
A protection order is granted under the Prevention of Domestic Violence Law; a restraining order is granted in other proceedings (for example under the Prevention of Threatening Harassment Law), but their purpose is similar: guarding the integrity of body and mind.
We are available to handle urgent cases of violence between spouses, violence towards children, economic or emotional violence, and we provide human and legal support from the first stage.
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