Protection order

The Law Offices of Nava Peres represents parties applying for a protection orders as well as parties against whom a protection order has been issued, while maintaining an overall perspective of the conflict in the family and the huge tension that exists in the family at the height of a conflict.

What is a protection order? A protection order is an order given against a family member (defined according to the broad definition set forth in the law) both as first aid to the complaining family member for physically protection against violence exerted against them, and also in order to prevent the recurrence of the violence against them in the future.

How will the filing of an application for a protection order affect the relationship between the parties? – The filing of an application for a protection order in itself, prior to the initiation of legal proceedings between the parties, constitutes an escalation in the family conflict, and accelerates the filing of various claims by the parties, against each other, each one in the court which suits them the best. As such, it is important to make the requisite preparations in accordance with the need to initiate proceedings in the desired court as soon as possible at the same time as the filing of an application for a protection order (in this regard, see the section “The jurisdiction race“).

The Court’s Jurisdiction in the Issuance of the Order – While adjudicating upon the protection order, the Family, Magistrate’s or competent Rabbinical Court has the jurisdiction to employ drastic measures: to remove a person from the place of residence of their protected family member or to prohibit them from going within a certain distance of the place of residence, even if this person has any rights in the said house or apartment; to prohibit a person from harassing their family member in any manner and in any place, and to prohibit a person from acting in any manner that prevents the use of or makes it difficult to use an asset which duly serves their family member, even if this person has any rights in the said asset; to order a person bound by the order (upon receipt of a review from a welfare officer) to give an undertaking that they will receive treatment from such entity as shall be determined by the Court.

In addition, upon the issuance of the protection order, the person bound by the order is prohibited from possessing or bearing arms. Nevertheless, in special cases specified in the law, the Court may permit the person bound by the order to possess or bear arms.

It is also possible for the order to contain a demand for a guarantee, both for the execution of the order and also for good conduct or any other provision which is required, in the Court’s opinion, to guarantee the well-being and security of the family member.

When is the protection order given? – The order is given by the Court in cases in which shortly prior to the filing of the application for the protection order, a person acted violently towards a family member, committed a sexual offense against them unlawfully detained them or in cases in which the person’s conduct provides a reasonable basis to assume that they pose a real physical threat to the family member or that they may commit a sexual offense against them or in cases in which a person mentally abused a family member on a continuous basis or behaved in a manner which does not permit a family member to run their life in a reasonable and proper manner.

The Court may grant a protection order ex parte (except in the event of an application on grounds of continuous mental abuse). After the issuance of the order, the Court is required to hold a hearing in the presence of both parties within seven days from the date of the issuance of the order. During the said hearing, both parties are investigated.

Considerations in the Issuance of the Order – In the courts’ rulings, criteria have been established with regard to the issuance of a protection order. Thus, it has been determined that a protection order will not be issued solely due to a difficult and tense atmosphere in the home. In addition, it has been determined that not every kind of violence is sufficient to remove a person from his home, and particularly when we are dealing with a couple who do not live in harmony. Thus, it has been determined that the purpose of the protection order is to protect the injured spouse in exceptional and unusual cases, when the situation is one that is “potentially dangerous”. It is necessary to remember that, today, there is public sympathy for women who complain about violence in the family, and that this sympathy also has implications for the tendency to issue protection orders. Regrettably, there are women who abuse these proceedings in an unacceptable manner, in order to further their own ulterior motives.

With regard to cases in which the order is sought based on mental abuse or conduct which does not allow a family member to run their life in a reasonable and proper manner, it has been determined in case law that a protection order will be issued only in cases in which there is an extremely high level of abuse and extremely serious acts, on a continuous basis.

From an evidentiary point of view, in light of the fact that we are normally dealing with events in which only two parties were present, and there are no additional witnesses, great importance is attributed to the conduct of the party seeking the order, after the alleged violent incident occurred. In this regard, the question of whether a complaint was filed with the police by the party seeking the protection order is significant as is the  question of whether the party seeking the protection order, sought medical treatment (see the section “was a family member violent towards you?“).

The Validity of the Order and Considerations in the Extension of the Validity Thereof – The validity of a protection order shall not exceed three months, however, the Court may extend the validity of the order from time to time, upon certain conditions, for a total period of one year at the most.

The welfare review which is submitted by the welfare officers who are authorized in the cases set forth in the law (pertaining to minors, the bearing of arms or the extension of the validity of the protection order), has significant weight in the issuance of the protection order and the extension of the validity thereof.

In addition, the conduct of the person bound by the order after the issuance of the order is of great importance in the considerations for the purpose of the extension of the validity thereof. Thus, for example, the application of the person bound by the order to receive suitable treatment, when they are headed in the direction of rehabilitation, may serve as a sufficient basis for the dismissal of an application to extend the protection order, whereas if the person bound by the order remains entrenched in their initial position that they do not have any problem whatsoever with violence, despite proven claims of violence, the extension of the protection order may very well be justified (for preliminary advice to people against whom an application has been filed for a protection order, see the section “Has a motion for a protection order been filed against you?“).