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Restraining Order – Legal Information

Michael Decker
Michael Decker

Israel has recently seen a worrying increase in the rate of violent felonies. This is a cross-sectoral phenomenon, which exists in the family, between neighbors, among teenagers, among minorities, and so on. A restraining order, also known as a protective order, is a quick and easy solution for dealing with harassment and violence, domestic or otherwise. It is important to deeply understand this legal tool, and to know how to use it when needed. In the current article, Michael Decker, a lawyer and partner of our firm, explains how to file for a restraining protective order, and how said order is implemented.

Our law firm, which has branches in Jerusalem and Tel Aviv, specializes in tort law and in the various areas of civil law. The lawyers at our firm provide a comprehensive legal solution against harassment and violence of any kind. Our lawyers represent their clients before the courts and before the various authorities, including in proceedings regarding protective orders, the rights of crime victims, tort claims, and more.

Restraining order

Violence in Israel – Do Not Be Indifferent!

In 2021, cases of violence in Israel have become more and more extreme. This encompassing social phenomenon has recently intensified, partly as a result of the coronavirus crisis. We are witnessing an increase in incidents of violence due to neighbor disputes. Quarrels over parking spots, controversy over the use of condominium space, and noise that disturbs the neighbors are all examples of real cases that degenerated into outright felony assault. Besides these cases, there is an increase in the number of cases of violence and bullying among teenagers. There is also an increase in incidents of violence among minority groups in Israeli society. And we haven’t even mentioned the phenomenon of domestic violence yet, which has reached horrible and unbearable heights.

How can we deal with these difficult cases? Many find themselves helpless in the face of threats directed at them. They are often afraid to contact the police or law enforcement agencies, and fear the possible consequences. It is important to overcome these concerns, and to avoid being indifferent or tolerant toward violence, harassment, or threats directed against you. There are a number of immediate solutions under the law for cases of potential or actual violence, and the main solution is receiving a restraining order. Just like we know emergency phone numbers by heart (numbers of the police, fire department, and Magen David Adom – Israel’s national emergency medical service), it is important to be well acquainted with the available ways of dealing with violence and harassment.

What Is a Restraining Order?

A restraining order is a collective name for various orders that the law allows to be issued in cases of violence of any kind, whether directed at an individual or at a group (family, society, or another institution). The law concerning this issue is very broad. It defines stalking as follows: [The harassment of one person by another in any way, or threatening of another person, in circumstances that create a reasonable basis to believe that the harassing or threatening person may again disturb the victim’s peace and quiet, privacy, or freedom, or may harm the victim physically.] This broad definition is intended to cover a wide variety of possible cases of violence.

How Do You Get the Order to Be Issued?

The main court that deals with requests for restraining orders is the Magistrates Court. However, in cases involving family or teens, you may turn to the Family Affairs Court or Juvenile Court. The victim of violence or harassment may go to court themselves or have someone represent them (a friend, relative, etc.). They may, of course, choose to have an attorney represent them as a proxy.

What May the Order Include and What Is Its Validity?

The order may include provisions prohibiting harassment, stalking, or contacting the victim in any way, and, most importantly – requiring the offender to keep away from the victim. The order is valid for up to six months. However, it may be extended to a period of up to one year. In special cases, it can even be extended to a total period of up to two years.

Court Hearing On a Request for a Restricting Order

In many cases, the court will seek to hold a hearing in the presence of both parties so that it may get an impression of them and then decide whether to issue the order. It is important to know that, if the person against whom the order is requested throws blame around, this may work against them. For example, in a recent decision regarding a dispute between two neighbors, the court emphasized its impression of the neighbor against whom a restriction order was requested. The court ruled in favor of issuing the order, and expressed its disapproval of the neighbor’s conduct at the hearing, which, according to the judges, raised the question of how she behaved outside the courtroom.

Restriction Order – Contact a Civil Lawyer

Above we have provided vital legal information regarding restraining orders. Know that the law provides a variety of solutions against violence, threats, and harassment. It is important to learn them and know what to do when the need arises. For any question you may have or assistance you may need, the lawyers at our firm are available to you. We keep your information private and take all the necessary precautions. Our law firm, with branches in Jerusalem and Tel Aviv, specializes in civil law and helps its clients get the protections to which they are entitled by law.

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