Protection Orders: What They Are, Who Can Apply and How It Works

A protection order is a court decision designed to protect a person from violence or danger posed by a family member. There is no court fee for applying, and in urgent cases an order can be granted even before the other side is heard.

What can a protection order include?

The court tailors the order to the situation. It may prohibit a person, among other things, from:

• Entering or approaching the home where the family member lives, even if they have rights in the home.

• Entering or approaching a place where the family member regularly spends time, such as their workplace.

• Harassing the family member in any way and in any place.

• Interfering with the family member's lawful use of property, even if the other person also has rights in it.

• Seeing a minor, where there is a risk to the minor.

• Coming within a set distance of the protected person's home, workplace or school, or of the protected person.

The court may also require a bond and give any other instructions needed for safety. As a rule, a protection order also prohibits the respondent from holding or carrying a weapon, and the weapon is seized immediately.

Who can apply?

A family member may apply.

In some cases, an application can also be filed by a representative of the Attorney General, a police prosecutor or a social worker appointed under the law.

"Family member" is defined broadly and includes former family members:

• Spouses, including common-law partners, and former spouses.

• Parents, children, grandparents.

• Siblings, in-laws, uncles, aunts, nephews and nieces.

• A spouse's parents and a spouse's children.

• A person responsible for a minor or a helpless person living with them, as well as that minor or helpless person.

When is a protection order granted?

The court may grant an order in any of three situations:

• A recent incident - shortly before the application, the person used violence against the family member, committed a sexual offence against them, or unlawfully confined them.

• Real danger - the person's conduct gives reasonable grounds to believe they pose a physical danger to the family member or may commit a sexual offence against them.

• Psychological abuse or disruption of daily life - ongoing psychological abuse, or conduct that prevents the family member from leading a reasonable life.

In other words, a protection order is not limited to physical violence that has already occurred. Nor does the law require a police complaint first.

However, an ordinary family dispute or a loud argument is usually not enough. The court examines whether there is real danger or serious and ongoing harm to the applicant's life, so it is important to support the application with facts and evidence.

How does the process work?

• You complete an application, an affidavit and a bond, and attach supporting documents. You can apply to any Magistrates' Court or Family Court, regardless of where you live.

• Where appropriate, the court grants an order ex parte, without the other side present. Where the ground is psychological abuse or disruption of daily life, the order is generally granted only after both sides are heard.

• If an ex parte order is granted, a hearing with both sides must take place within 7 days at the latest. The court may extend, change or cancel the order, even if the respondent does not appear.

• As a rule, after an order is granted with both sides present, the court orders a social worker's opinion on whether the respondent is suitable for treatment.

The proceedings are civil, but their consequences are serious, so evidence matters. It is advisable to submit a detailed affidavit in chronological order, with photos, messages, recordings, medical records and previous complaints. General allegations make it hard for the court to grant the application. Summoning the other side and serving the order are done through the court, not by the applicant.

How long does the order last?

The order is granted for up to 3 months. The court may extend it up to a total of 6 months. For special reasons it may be extended to a year, and for further special reasons by another year.

It is important to apply for an extension well before the order expires. If it has already expired, a new application must be filed.

What if the order is breached?

Breaching a protection order is a criminal offence that may lead to arrest and an indictment. When an order prohibiting entry or approach is breached, a police officer may arrest the person in breach. A decision not to arrest must be made in writing, with reasons, by a senior officer.

If the order is breached, contact the police immediately and keep any record of the breach. Even if family members waived the order or did not insist on it in the past, this is no defence for the person who breached it.

What if there are children?

When the order removes a parent from the home, the court may give instructions on contact between that parent and the children. If the order is not intended to protect the child, the court must be satisfied that the instructions will not harm the child. If the order is granted to protect a minor, a social worker is notified, and in some cases a report is required.

What should you do if a protection order is sought against you?

Read the order carefully and comply with it fully, even if you disagree with it. A breach is a criminal offence, even if the family member initiates or agrees to contact.

Attend the scheduled hearing, because the court may extend the order in your absence. Prepare for the hearing and bring evidence and a clear account. Note also that the ban on holding a weapon may continue after the order expires, until the court lifts it.

Protection order or restraining order against threatening harassment?

A protection order can be granted only against a family member, whereas a restraining order against threatening harassment can be granted against anyone.

A protection order is granted under the Prevention of Family Violence Law, 5751-1991, against a family member, including a former family member. It fits situations of violence, real danger or ongoing psychological abuse. It may prohibit, among other things, entering the home, approaching, harassment and carrying a weapon.

A restraining order against threatening harassment is granted under the Prevention of Stalking Law, 5762-2001, against any person, such as a neighbour, colleague or acquaintance. It fits situations of harassment, threats, stalking or invasion of privacy. It may prohibit, among other things, harassment, threats, surveillance, contact, approaching and carrying a weapon.

The two routes are not mutually exclusive, and a court hearing a protection order application may also grant a restraining order against threatening harassment.

An unfounded application can be costly

In divorce disputes it is sometimes claimed that protection orders are misused to gain an advantage, such as removing the other spouse from the home. If the court dismisses an application and finds it vexatious, it may order the applicant to pay costs and compensation. The affidavit must therefore be accurate and based on facts.

Please note: in serious cases and under strict conditions, the court may grant a protection order with electronic monitoring. This usually requires, among other things, a criminal record or a previous breach of an order, a risk assessment, and the consent of the protected person.

Need advice about a protection order?

Every situation is different, and in these matters time can be critical.

The office of Maya Kedem, Adv., represents both applicants for protection orders and people against whom an order has been sought.

For a consultation: Maya Kedem, Adv., Attorney and Mediator · +972-54-775-7505

This article provides general information, is current as of its publication date, and is not legal advice or a substitute for consulting a lawyer.