Ex- Husband As Well As Husband & Cohabitee Covered

Question:

I divorced my husband a few months ago . He can’t accept being rejected.
He keeps coming to my home and to the office where I work and threatening to “put me into hospital” if I don’t agree to go back to him.  Have I lost my legal right to protection because I am now divorced ?

Answer

No ! Just as a wife in this situation can apply for a protection order against her husband under the 1991 Prevention of Violence In the Family Act, so can an ex-wife apply and get the same protection against her ex-husband.

Incidentally, a common-law wife /cohabitee is also protected under the law,too – as (ex)common law husbands/cohabitees  also qualify as family members for the purposes of the act.

Abused Husband Protected From Abusive Wife

Question:

Does Israeli law also protect men who are victims of domestic violence at the hands of women ?

Answer:

Yes, a male victim of domestic violence has equal rights to protection under Israeli law as a female victim, though in practice it may be easier for a woman to actualize them due to stereotypical reactions of the police and courts.

Action Possible Against Violent Step Father

Question  :

I am 18 and doing compulsory military service.  My parents are divorced and my father lives abroad. My mother has remarried. My younger brother complains her new husband hits him. When I come home on leave  he doesn’t dare to do this because he knows that I will protect my brother. Before I was in the army he used to hit me, too. My mother denies that the situation is that bad (I think she is frightened). Is my brother entitled to legal protection and can I do anything to help him get legal protection  ?

Answer:

Yes, when a minor’s rights are in real danger, he is allowed by the Family Court Act of 1995 to bring an action by himself, or through a close friend, against a family member perpetrating violence against him. His mother’s new husband would fall into this category of family member. An elder brother could
apply for a protection order for a younger brother against their mother’s new husband under the 1991 Prevention of Violence In the Family Act. A child is entitled under the act to get a protection order against his parent’s spouse or common-law partner.

Mother’s Cohabitee – “Family Member” Re Sexual Offences

Question:

The counsellor at my daughter’s school told me she suspects that my child is  being sexually abused . After a "heart-to-heart" with my daughter she told me that my cohabitee had tried to fondle her on several occasions, but she managed to get away. I suspect even more. When I confronted him, he denied it, but then moved out. My daughter is now starting to tell me the whole story and we will probably go to the police. I want to be sure he gets maximum punishment for exploiting the family situation and trust he had. Is this possible ?

Answer:

A cohabitee , as well as a married spouse, is regarded as a “family member” under the 1977 Penal Act relating to sexual offences against a minor and, if guilt is proved, then he qualify for the more severe grade of punishment applicable to family members for the particular offence.

Furthermore, if his guilt is proved, a civil wrong plea for financial compensation can be filed, for the emotional damage suffered as a result of the offence.

Action Against Brother-in-Law Sexually Offending Minor

Question:

Can a brother-in-law be convicted of sexual offences acts against a minor relative ?

Answer:

Yes, in principle, as brothers in law are included in the list of family members appearing in the Penal Law in relation to sexual offences against minors committed by family members, providing that they are over the age of 15 when the acts were committed. However, there is an exception - if the alleged offence is committing indecent acts and the alleged victim himself is 16 and consented. The act excludes brothers-in-law from the definition of family members in these circumstances.

Indecent Acts on Minor By Teenage Uncle

Question:

Can a teenage uncle of a minor be convicted of sexual offences acts against his younger nephew ?

Answer:

Yes, if he is at least 15. The 1977 Penal Law states in relation to sexual offences against minors committed by family members, that the alleged offender must be 15 or over when the acts were committed. However, there is an exception - if the alleged offence is committing indecent acts and the alleged victim himself is 16 and consented. The act excludes ‘uncle’ from the definition of family members in these circumstances.

Action Against Obsessive Mother-in-Law

Question:

I am at my wit’s end. My wife and I have split up and I have filed for divorce. My mother-in-law is driving me crazy. She doesn’t want me to “abandon” her daughter and blitzes my offices with faxes, e-mails and telephone calls begging me not to be so cruel. She leaves endless messages on my mobile and I can’t answer my phone at home for fear of her being at the other end. I can’t seem to lead a normal life. Is her behaviour legal and what legal steps can I take to stop her bugging me ?

Answer:

A mother-in-law qualifies under the category of a “family member” for the purposes of the Prevention of Violence In the Family Act of 1991, under which an order could be applied for to prevent her pestering by by phone, fax, e-mail etc. The act covers not only physical violence but also this kind of harassment, which is illegal.