Victim of family violence? Don’t become another statistic!

Don’t hesitate to contact the firm of attorney and N.P. Avivit Moskovich today!  We specialize in legally representing and accompanying delicate cases that require a professional and supportive attitude.

Family violence – physical, verbal, psychological-spiritual, and financial.

Virtually every day we witness numerous and severe cases of family violence.

The family unit, typically the source of our security and defense, can in certain cases become an arena of severe violence inflicted on a spouse or children.

There are individuals who are the victims of family violence yet they are not truly aware of it.  We must be aware that when a woman routinely belittles her husband or when a man is so obsessive in his jealousy that he constantly rummages through his wife’s belongings—these are cases of violence.

The reason for not properly identifying a case of violence springs from the mistaken conception that ‘violence’ is primarily physical.  However that is not the case.

Family violence is expressed on a number of levels

  • Physical violence:  Here we refer to physical assault in which a family member abuses another family member with his hands, or with an object.
  • Psychological violence (also known legally as ‘spiritual violence’):  Violence in the form of a person expressing contempt for his/her spouse including humiliation, terrorization, teasing, insulting, forced social isolation, withholding kindness, derogatory remarks, threats, and instilling fear and terror on another family member.  It is very important not to dismiss the gravity of psychological violence because it can cause psychological scars no less severe than ones resulting from physical violence.
  • Financial violence:  Expressed in a spouse’s total control of the financial resources of the other spouse.  Naturally, this generates absolute dependence of the weaker spouse on the other, who makes all financial decisions totally on his own accord, without involving or consulting with his spouse.  Thus he has absolute control over the weaker spouse.

How to deal with family violence?

Thanks to the Prevention of Family Violence Law 1991-5751, victims of physical and psychological violence have various assistive means at their disposal to defend them and remaining family members from a menacing family member.

Among these assistive means is the protective order.

This is an extreme measure taken against an individual who has inflicted physical or verbal violence, committed sexual crimes or abused a family member in a continuous manner.  It also refers to an individual under reasonable suspicion that he constitutes a real physical danger to a family member.

  • Under such an order, it is possible to remove an individual from his home or place of residence; or
  • Deny his use of property despite his rights to it; or
  • Forbid him from carrying a weapon or committing any action liable to threaten the wellbeing of the victim and other family members.

Don’t hesitate to contact the firm of attorney and N.P. Avivit Moskovich today!  We specialize in legally representing and accompanying delicate cases that require a professional and supportive attitude.

We recommend that you avoid filing a restraining order, supposedly meant to generate an advantage in the case (in which no violence truly exists). We explain why…

Firstly, it is important to bear in mind that this is an extreme measure that distances an individual from his home and leaves him without a roof over his head.  A court will not easily issue such a protective order; rather, it will firstly consider an existing legal alternative based on current reality before taking such a step.

If the court gains the impression that the woman is filing a protective order for tactical reasons—in order to assist her in obtaining a swifter divorce—this negative impression will accompany her throughout the case.  One must bear in mind that this is the judge who will rule on future child support payments as well as property-related matters.

If the court gains the impression that the protective order is being filed tactically in order to upset the other spouse, then the party filing for the order will be exposed to a ruling that demands payment of expenses and compensation to the other side—and that is a huge pity!

Furthermore, in most cases the restraining order process doesn’t end in the court, but rather descends along criminal lines.

A false complaint is not a clever act, to say the least, and is liable to result in you losing the case.  As part of divorce proceedings, the father is imposed with alimony payments.  Submitting a false claim to the police holds the threat of severe harm to the father’s livelihood, a criminal record, and reduced chances of obtaining a job or engaging in certain professions.

It is very important to protect yourself in the divorce proceeding and avoid filing a false complaint and/or being the subject of a false complaint.  It is important to conduct yourself wisely and carefully in a way that assists you, rather than complicating matters for yourself.

It is desirable and even advisable to equip yourself with a recording device in order to prevent false complaints/provocations by a party wishing to generate an advantage in a divorce case using such a tactic.

Validity of a protective order

Validity of such an order does not exceed three months.  The court is authorized to extend the validity of an order from time to time, such that its overall term does not exceed six months.  In special cases in which the court gives reasons, it can extend the term of the order to an overall period not exceeding one year.

It is important to be aware that one must file a request for an order close to time of the event, otherwise the chances for its acceptance lessens as time goes by.

Violation of an order

The court can demand that the violent party give a guarantee for fulfilling the order or maintaining good behavior for a specific period. However in instances of violating an order, it is possible to contact the police or the court.

Violating the provision of an order is a criminal offence, i.e., violation of a legal provision, which can lead to arrest or even indictment of the criminal party.

Expenses and compensation for false claims

It is not a rare case in which a request is filed for a protective or restraining order for tactical reasons, with no genuine basis for the request in regard to violence.  In such cases it is important to know that the court can deny the request and, if it deems that the request was aimed at annoying the other party, the court can impose: (1) payment of expenses to the state and to the offended party in the amount the courts deems fit; or (2) just compensation to the party harmed by the filing of such a request—or both!

Threatening harassment

An additional order can be requested for cases in which the threatening behavior does not involve violence per se, yet the victim feels harassed and that his/her physical welfare is in jeopardy.  In such cases the victim can file for a ‘threatening harassment’ order against the spouse.

The concept of ‘threatening harassment’, or ‘stalking’ refers to patterns of behavior that include harassment and threats of different types that impact the wellbeing, privacy or body of another person.  Based on accumulated life experiences, there is also fear for the physical body and life of the person being harassed.

The aim of the law and this particular order is to protect the person from harm to his/her wellbeing, privacy, freedom, or body inflicted by another person who has threatened, harassed or harmed the victim’s body.

In divorce proceedings, we often encounter harassing actions of one spouse to another, whether through endless text messages, incessant tracking and detecting, repeated threats such as ‘I won’t pay you a single shekel for alimony’.  When such threats are repeated and become more severe and the victim lives in constant tension and fear and cannot conduct his/her routine affairs in peace—he/she is entitled to file a request for a threatening harassment order!

Validity of the order

  • The validity of a threatening harassment order shall not exceed six months.
  • The court is authorized to extend and re-extend the order’s validity, on condition the overall term does not exceed one year.
  • In special cases the court is authorized to extend and re-extend the order’s validity, on condition the overall term does not exceed two years.

Tactical-strategic reasons for filing a request for a protective/threatening harassment order

There are cases in which a request is submitted for a protective/threatening harassment order that in fact results in a restraining order.  Here the attempt is to generate an advantage in a case in terms of property or creating pressure on the other side.

One way to achieve a period of quiet is to submit a request for a protective/restraining order from family court in the framework of an alimony claim.  As mentioned, family court is authorized to issue a restraining order against a husband, prohibiting him from entering the couple’s apartment/home or approaching his wife.  

For a consultation or to receive legal assistance in matters of family violence contact us (your confidentiality is assured).

For urgent cases please contact us by phone at: 03-6133995 or 052-3986655