Domestic Violence – Legal Remedy for the “Silent Epidemic” Resulting from the Coronavirus Crisis
The recent high number of cases of domestic violence is one of the serious results of the coronavirus crisis. It is important to know that the law provides a wide range of ways to deal with violence in the family. This article presents the main ones, and makes it clear to victims of domestic violence that they have whom to turn to.
Our law office, which has branches in Jerusalem and Tel Aviv, specializes in family law. We have lawyers who are also qualified as mediators, and can provide a comprehensive legal solution and represent clients before the Family Affairs Court, including in matters of domestic violence.
The Coronavirus Crisis Has Exacerbated the Phenomenon of Domestic Violence
The media often discusses the health and economic damages caused by the pandemic. However, we are witnessing another worrying trend, which is not sufficiently reported – an increase in the phenomenon of domestic violence. The effects of the crisis are felt in all households in Israel. Families have to deal with governmental restrictions related to the pandemic, layoffs, and financial hardship. All of these build tension, one of the most serious effects of which is domestic violence.
What Is Defined by the Law as Violence?
Domestic violence has been a widespread phenomenon over the past years, and the State authorities are working to eradicate it in a number of ways. The main one is the Prevention of Family Violence Law, which is intended to provide as quick and easy solutions as possible to cases of violence between spouses or toward their minor children. These are cases in which a family member or spouse is in physical danger or has real difficulty in maintaining a normal life.
The law does not refer specifically to male or female victims, despite the fact that it is written in Hebrew, a language in which all words refer to one gender or the other. Today it is known that domestic violence is not limited to a certain gender or any other classification (be it geographic, sectoral, etc.). Violence is recognized as such no matter what the context is. Accordingly, the law protects both women and men who have experienced ongoing violence or abuse, as well as minors who are exposed to violence.
It is very important to know that the law does not only protect against physical violence. Prolonged mental abuse, sexual offenses, and even economic violence – are all legal reasons to receive a protective order preventing the offender from continuing the abuse. Similarly, when the court is under the impression that there is real physical danger to family members, or danger that sexual offenses may be committed against them, the court is authorized to issue a protective order.
In addition to the Prevention of Family Violence Law, the Law for the Prevention of Stalking was also enacted. Although the protection under this law is not limited only to family members, it is still widely used in cases of threats or harassment of family members. The law is intended to protect violation of a person’s peace and quiet, privacy, liberty, or body, and to prevent threats against any of these. In such cases, the court is empowered to issue a harassment/stalking prevention order.
What May a Protective Order or a Stalking Prevention Order Include?
A protective order may, inter alia, prohibit the offending party from entering the apartment where the family members live, or even being within a certain physical distance from the apartment. The same goes for an order that prohibits the offender from harassing or stalking family members, or from limiting their use of an asset that they need (such as a car).
A stalking prevention order may, among other things, prohibit the offender from harassing or stalking the victim, being within a certain distance from places such as the victim’s apartment, vehicle, or workplace, or contacting the victim in any way. The initial period for which the order is valid may be up to 6 months, which may later be further extended. Violation of the order is considered to be grounds for arrest.
Should You Apply to Court for a Restraining or Protective Order Despite the Overload of the Courts During the Coronavirus Crisis?
Definitely. Despite the governmental guidelines and restrictions related to the pandemic, as well as summer holidays and vacations, the doors of the courts are always open to victims of domestic violence.
Contact a Family Lawyer
Above we have provided vital legal information for dealing with domestic violence during the coronavirus crisis, as well as during normal times. For any question you may have or assistance you may need, the lawyers at our firm are available to help, while maintaining discretion and taking the necessary precautionary measures. Our law firm, with branches in Jerusalem and Tel Aviv, has lawyers who specialize in family law and are certified mediators. Our lawyers help victims of domestic violence to receive the protection to which they are entitled by law.
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