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What is a Restraining Order?

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Harassment is a serious issue in today’s society. Although bullying, stalking, and threatening behavior are types of harassment that anyone can perpetrate, some of the most frightening and heartbreaking instances of harassment we see are committed by family members. Living in fear in your own home is an experience that no one should have to endure.

A restraining order is a document issued by the court that places prohibitions on the actions of an individual who has previously engaged in harassing behavior in an effort to protect their victim from further harm. If you are seeking a restraining order against a family member, such as a spouse, it will be referred to as a “protection order.” The Prevention of Family Violence Law, 5751-1991 governs the issuance of protection orders in Israel.

These orders are a vital legal tool for people suffering financial, physical, sexual, or mental abuse. They can temporarily help victims get away from their abuser while they seek longer-term remedies, such as divorce. If you need assistance getting a restraining order or have questions about the process, reach out to a compassionate Israeli domestic violence lawyer today for a free consultation.

How Do You Obtain a Restraining Order in Israel?

You or an individual representing you, such as a family member or lawyer, must apply to the Family Court for a protection order by filling out a form that includes an affidavit outlining the harasser’s behavior. Following the form’s submission, the court will schedule a hearing where representatives of both sides can be present. During this hearing, the alleged harasser will have an opportunity to argue their case. After the hearing, the court will decide whether to issue a restraining order and what the conditions will be.

Who Can Legally Request a Restraining Order?

While domestic abuse survivors are encouraged to contact the police for help and protection, the unfortunate reality is that the harassment can be so severe that those involved may be afraid or unable to reach out. Due to this fact, the law allows others to request a restraining order on behalf of a victim in certain situations. Other individuals who may file for a restraining order include:

  • A family member of the victim
  • The Attorney General or their representative
  • A police officer
  • A youth welfare officer, if the harassed person is a minor

What Prohibitions May Be Enforced Under a Restraining Order?

The court has the discretion to forbid the harasser from engaging in some or all of the following behaviors:

  • Entering the family member’s home or being within a specified distance of the dwelling.
  • Harassing the victim at any time or place, including through electronic means.
  • Preventing or interfering with the lawful use of assets by the family member.
  • Possessing a weapon under any circumstances, including at work or in the Defense Forces.

Typically, a restraining order is valid for six months from the date of issue. However, it may be extended by the court for up to two years under exceptional circumstances. If an individual violates the terms of the restraining order, they can face severe legal consequences.

How Can an Experienced Family Law Attorney Assist You?

Living with an abusive family member is a stressful and terrifying experience that you should not have to endure. Restraining orders are one way to get legal protection as you work to remove yourself from these circumstances. However, it can be critical to seek the guidance of an experienced Israeli family law attorney to ensure that no unnecessary delays occur in processing your petition. Incorrectly filed forms or insufficient evidence can cause the court to dismiss your request, leaving you in a potentially volatile situation. Contact Hait Family Law today at 077-200-8161 for caring, confidential legal assistance.

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