Litigation and Complex Proceedings

Appeal of judgment: a focused review of the judgment, the deadlines and the possible arguments before deciding on an appeal.

What is an appeal in family matters?

An appeal is a legal proceeding in which one of the parties argues that an error was made in the judgment given in their case at the Family Court, whether legal, factual or procedural. The appeal is filed with the District Court, which reviews the earlier decision and may:

• Uphold the original judgment
• Set aside the judgment
• Change substantive provisions (such as the amount of support, a custody determination, property division)
• Return the case for a rehearing

Change material provisions (such as the amount of support, the determination of custody, division of property)

• Custody and parenting-time arrangements (parenting time)
• Child support or support for the wife
• Property division and the balancing of resources
• Approval or cancellation of a will
• Determination of legal parenthood or guardianship
• An award of unjustified legal costs

Domestic violence: a sensitive and urgent response to situations that call for protection, documentation and consideration of legal steps.

What is domestic violence?

Domestic violence includes any harmful conduct by a partner, a parent, a sibling or any other family member, which causes fear, threat, control or injury, physical or emotional.

Common types of violence:

• Physical violence: assault, pushing, bodily injury
• Verbal and emotional violence: humiliation, threats, control and social isolation
• Sexual violence: coercion or abuse within the family unit
• Economic violence: control of income, denial of access to the account, denial of financial independence

A Protection Order: When Is It Appropriate, and for Whom?

Protective order: when and for whom is it appropriate?

A protective order is an urgent legal proceeding intended to remove the violent person from the home or away from the victim, and to immediately stop the violence or the threats.

• There is actual violence or a threat of violence
• There is repeated physical or emotional harm
• There is threatening or harassing conduct by a family member

How Is an Application for a Protection Order Filed?

How is a request for a protective order filed?

The application will include an affidavit describing the course of the violence, and will be heard in an urgent hearing, usually on the same day.

The request will include an affidavit describing the course of the violence, and it will be heard in an urgent hearing, usually on the same day.

• 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

Tort claim: examining the damage, the liability and the relevant documentation when a tort proceeding is needed within a family context.

What is a tort claim in divorce?

A tort claim within the framework of divorce is intended to recognize harm that is not only emotional or moral, but also carries legal and financial implications. It can be based on various causes of action, such as:

Breach of promise to marry.

Harm to autonomy (for example: coercing a Get, delaying a Get, or public humiliation).

Emotional, verbal, or physical violence.

Defamation, invasion of privacy, or dissemination of personal content.

The courts recognize the possibility of filing a tort claim alongside the family proceeding, at times even for significant sums, as part of the broadening recognition of the rights of the individual within the family unit.

From the Case Law

In a considerable number of rulings, the courts have held that compensation may be awarded for a prolonged delay of a Get, out of recognition of a woman's right to autonomy and a life of dignity. Similar rulings have also awarded compensation for economic violence, defamation, and even for sexual harm within the couple's relationship.

When should you consider filing a tort claim?

If your spouse refused to grant a Get or applied improper pressure.

If documented cases of abuse occurred (recordings, correspondence, witnesses).

If you were exposed to shaming or the dissemination of personal content.

If marriage was promised and harm resulted from the breach of that promise.

Filing such a claim requires precise legal planning, the gathering of evidence, and a deep understanding of both tort law and family law.