Violent Husband – Wife's Action

Question:

What legal action can a wife take if her husband is both physically and emotionally abusive towards her ?

Answer:

She can apply to the family court, the magistrates court or a religious court for a protection order under the 1991 Prevention of Violence Within The Family Act. This can be granted for an initial period of three months, renewable up to 6 months, and , if specially recorded reasons are give, it can be given for up to a year.

The order can remove a husband from the family home and forbid him from coming within a certain distance of it, or from the wife’s place of work etc. He can have any weapon he possesses removed and be forced to undergo rehabilitation treatment. He can be imprisoned if he breaks the order.

Protection Order – Husband Makes Normal Life Impossible

Question:

Can a person get some kind of order to keep his/her spouse out of the home if there is no question of physical violence but the latter’s behaviour is so extreme that it is impossible to lead a normal life ?

Answer:

Yes, emotional terror, as well as physical violence is covered by the 1991 Prevention of Violence Within The Family Act. This grants the court wide discretion to issue tailor-made orders to cope with sustained and extreme emotional/verbal violence over a period of time , as well as extreme behaviour that prevents family members from leading a reasonable and normal life. For example, in one case in the late nineties Jerusalem Family Court granted a protection order where the husband prepared an ambush for his wife when she returned home; the apartment was in turmoil, with diary products, soup and sugar being spread all over the kitchen, soft drinks were spilt all over the floor, cupboards were overturned , glasses were broken and a trail of dirty linen was left all over the home . In addition, the husband had also confiscated his wife’s personal property.

Family Court Action Vs Violence & Maintenance At Rabbinate

Question:

Can the family court issue an order preventing a husband from entering the family home if the wife has already filed divorce and maintenance pleas at the rabbinical court ?

Answer:

Yes. A plea for an order preventing a husband from entering the family home is an independent plea , with its own grounds, and can be given by a family court, a magistrate’s court or a religious court. A woman who has filed for divorce and maintenance at the rabbinical court can file for an order preventing her husband from entering the family home at the family court. Great caution , however, must be taken regarding the wording to avoid it referring to ‘peaceful living’ . If not, this could complicate matters and lead to the family court lacking jurisdiction as the question of living might be regarded as part of the question of accommodation relating to the maintenance plea at the rabbinical court.

Violent Husband – In Custody Until End of Proceedings

Question :

My husband attacked me and was remanded in custody for a few days. I have been told by the police that very soon he will come up before the judge about whether he will remain so, or will be subject to house arrest. He has no criminal record. I am worried that if he isn’t locked up that he could attack me again. Is it likely if it is his first attack , that he will be remain remanded in custody until the outcome of the case ?

Answer:

Not as a rule. However, if the violence was extreme or if it caused serious injury, it is likely that the husband will remain in custody until the end of the proceedings, or under house arrest – at the home of another relative, in a different city.

Abusive Wife – Husband Can Gain Protection

Question :

My life is hell. While I have no complaints about the way my wife looks after our young children , she behaves awfully towards me, humiliating me in front of neighbours and friends when the children are not around. In addition to screaming and swearing at me, she has started to become physically violent, hitting me with the carpet beater and throwing ornaments at me. I don’t want to start divorce proceedings. What can I do ?

Answer:

Men as well as women, who are victims of physical or emotional abuse, are entitled to legal protection offered by the 1991 Prevention of Violence In The Family Act. As courts are reluctant to use the strongest weapon - an order stopping the perpetrator from entering the home - against mothers as this would have bad effects on the children, they usually prefer to enforce the former to undergo treatment.

The best course of action, therefore, for a male victim of violence would be to apply for a protection order at the family court, to prevent his wife from abusing him. If he brings sufficient evidence to support his claim and such an order is granted, then the court can force his wife to undergo psychological /psychiatric treatment, after a suitable recommendation by a qualified professional appointed by the court.

Legal Action Against Emotional Harassment

Question :

What action can be taken against my ex-lover who keeps ‘tailing’ me, turning up everywhere I go and phoning me constantly on my mobile ? She won’t leave me alone. I’m so on edge that I cannot sleep and lead a normal life .

Answer:

The Anti-Stalking Law of 2001 is designed to combat the behaviour you described. It is designed to tackle non-physical violence, ‘ threatening harassment’ or ‘stalking’ which prevents a person leading a normal life . The act defines and recognises certain types of behaviour as ‘emotional harassment/violence’. Under this legislation it is possible to get an injunction preventing the stalker from entering somebody’s home, place of work/study etc. Orders against the stalker can be given for up to 6 months, and can be renewed for up to 2 years.

Visitation Rights Suspended -  Minor Sexually Harrassed 

Question:

Where a child complains of sexual harassment when visiting the non-custodial parent and his/her family, can the court order visitation rights to be stopped when it deals with an application for a protection order ?

Answer:

Yes - according to a judgment by the Tel Aviv Family Court in the Summer of 1999 when dealing with an application for a protection order for a minor child who was sexually harassed by his paternal grandfather while staying in the later’s home with his father during weekend ‘visitation’. It gave an order forbidding both the father and the grandfather from harassing the boy in any way at all, in any place. To guarantee that they obeyed the order and ensure the minor’s safety, it suspended all weekend visitation rights.

Family Violence - Rehabilitation & Cancellation of Court Orders

Question  :

The family court granted an order preventing me from entering our home for several months because it held that my behaviour made life for my wife and children unbearable although I was not physically violent to them . It ordered me to attend a special programme for violent men. Is there a chance that I will be allowed back home if I attend this and do well ?

Answer:

Yes, there is a chance that a family court can cancel an order it has made forbidding a man from entering the home before it expires - if he has actively participated in a rehabilitation programme and the reports/recommendations are favourable. It should be stressed that each case is considered on its merits.

In a 1998 case where the Tel Aviv Family Court decided to leave in force an order preventing the husband from entering the family home as part of a plea for maintenance and ‘quiet living’ it stated explicity in the judgment that if he participated successfully in the programme chosen it may consider cancelling the order before it expired .

Distancing Violent Family Member – Decision-making

Question:

How does the court decide how far a perpetrator of family violence should be kept away from the family ?

Answer:

In a family violence case The Tel Aviv Family Court stated in 1998 that it had adopted a model for identifying and dealing with different degrees of danger that family violence posed. The model, developed by the Social Services department, recommends that the perpetrator be ordered to keep away from the settlement/town in which the family at risk lives when the danger is rated as high. Where the model identifies the family violence as posing a medium-risk an order can be made just to keep the perpetrator from entering/approaching the home. In both cases treatment is recommended and the perpetrator is supposed to be banned from holding a weapon.

Dangerous Family Framework : Parameters

Question:

What factors does the court take into account in family violence cases when it decides whether to take immediate action ?

Answer:

Israeli courts have adopted a model for the detection of a ‘dangerous’ family framework which was developed by the Social Services department. The parameters used for the detection of dangerous family frameworks include: the severity of the violent act, the frequency of violence, the degree of reconciliation afterwards, which family members are victims, the relationship between perpetrator and victim(s), the perpetrator’s emotional disturbance, the family members’ perceptions of risk , the victim(s) emotional state, the degree of admission/denial of violence by the perpetrator, suitability of the perpetrator for therapy and degree of accessibility of the perpetrator to weapons and his addictiveness.

Protection Order Covering Festival/Holiday Period

Question:

Will a court grant an order banning a husband/father from the family home if there is a religious festival or holiday on the horizon ?

Answer:

Yes, the fact that family members tend to be at home together, which increases the potential for conflict where the relationships are problematic, makes it more vital to issue an protection in time to cover a religious festival or holiday, where grounds for its granting are proved. In September 2004 Jerusalem Family Court issued a protection order, keeping the emotionally violent husband/father out of the family home for a month, as a matter of urgency shortly before Yom Kippur (The Day of Atonement). It covered the annual Succot (Feast of Tabernacles ) holiday period, too.

Court Attaches Financial Penalty For Breach of Protection Order

Question:

Can a court that grants a wife and children a protection order include financial penalties against the father if he breaks various undertakings it obliges him to make ?

Answer:

Yes, under the 1991 Prevention of Violence Within The Family Act, the court has discretion to attach conditions to its orders. For example, in September 2004 Jerusalem Family Court gave a wide-ranging protection order against a husband/father. It banned him from entering the family home for a month, and forbad him from trying to prevent his family gaining access, and from harassing them for a period of three months. It said that he must deposit a written guarantee to pay his wife 5,000 shekels if, anytime during the coming year, the court held that he had beached these undertakings.

Sexual Attack Within Family – Maximum Jail Sentence Increased

Question:

What is the maximum jail sentence that can be given against someone who sexually assaults a family member under the age of 18 ?

Answer:

Following the passing of proposed amendments to the 1977 Penal Law in November 2002 on their second and third readings in the Israeli parliament, the maximum jail sentence for such an offence has been increased from 16 to 20 years.

Victim of Sexual Abuse As Child – Action in Adulthood

Case:

I was sexually abused as a child by a relative. I now want to press charges against him. Is there any time limit on this ?

Answer:

Yes. The Penal Law was amended in 2002 in relation to this. An alleged victim of sexual offences committed against him/her as a child has ten years after reaching adulthood to act i.e. until the age of 28. However, if the alleged offence took place more than 10 years ago, then the state will only press charges with the approval of the Attorney General. This is the position regarding offences which under the previous law had not become ‘outdated’ and subject to the Statute of Limitations, on 20/11/2002, when the amendment was published.

Separated Family – Problem Proving Violence

Question:

My husband has finally left home for a “breather” after the children and myself have been suffering physical and emotional abuse at his hands for a long time. I want to bring legal action against him and prevent him returning home. The problem is proving the abuse we suffered , as there are no real independent witnesses, and the children are minors and now my husband is not around to record on a tape recorder I have at home .

Answer:

Firstly, children can give evidence and in civil proceedings at the family court the judge can see them privately in chambers. As children in a family dispute are prone to incitement or influence from the other parent, although the weight attributed to their testimony will be less than that of an independent witness. Furthermore, recordings of phone conversations and proper transcripts of these can be acceptable as evidence, too. Having said this, it is only in exceptional circumstances that the court will allow minor children to give evidence against one parent, because of the implications that this would be likely to have on their relationship with the parent against whom they give evidence