An Order Preventing Threatening Harassment – When It Is Granted and What It Means

What is threatening harassment?

Section 2 of the Prevention of Threatening Harassment Law, Hatashs"b-2001, defines threatening harassment as harassing a person in any way or taking threats against them, in circumstances that provide a reasonable basis to assume that the harasser may again harm their peace of life, privacy, liberty, or body. The definition is broad and covers almost any act that can lead to harassment: surveillance, ambush, following, repeated contact by any means, damage to property, reputation, freedom of movement, and even voyeurism and implied threats.

What may the court order?

The court has broad powers in this proceeding. The possible remedies include: prohibiting contact with the complainant in any way; keeping away from a defined area around his residence, vehicle, workplace, or place of study; prohibiting direct and indirect harassment; revoking the harasser's weapons license; and transferring the file for police review. The court may also order any other remedy it deems appropriate to ensure the complainant's safety.

What must be proven?

Three cumulative conditions: committing an act constituting "threatening harassment" as defined by law; the act was committed close to the date the application was filed; and the act constitutes a real nuisance or endangers the life of the complainant or those close to him. The order may also be filed when a sexual offense was committed close to the application, or when there is a real concern that the person making the threat is about to commit a sexual offense.

How do you file an application?

Filing the application requires drafting a reasoned and detailed application based on evidence, a signed affidavit by the applicant, and obtaining judicial time for a hearing before the duty judge.

Important warning: the claims written in the application and affidavit will be before the eyes of the harasser, who has the right to argue against them and cross-examine the complainant on his affidavit. Defective drafting of the application may undermine the entire proceeding. Professional representation at this stage is not a luxury, it is critical.

How is the proceeding conducted?

The court will first issue a temporary ex parte order, valid for 7 days only. Within that time, a hearing will be scheduled in the presence of both parties. At the end of the bilateral proceeding, the court may issue an order for the prevention of threatening harassment for a period of up to 6 months, cancel the temporary order, and order payment of court costs and attorney's fees.

Violation of the order, a criminal offense

Violation of an order for the prevention of threatening harassment, whether temporary or permanent, constitutes the criminal offense of violating a lawful order. A violation allows a complaint to be filed with the police, which may lead to the violator's arrest and the filing of an indictment against him. Whoever holds an order and sees that it is being violated should not delay reporting to the police.

Legal representation in threatening harassment proceedings

Advocate Israel Arama, formerly of the Tel Aviv District Attorney's Office, assists both complainants seeking protection and those against whom an order was filed. On the complainant's side, drafting the application, preparing the affidavit, and preparing for the possibility that the harasser will conduct cross-examination. On the side against whom the order was filed, examining the validity of the application, attacking the elements of threatening harassment, and preventing the issuance of a permanent order. Contact us for an initial consultation without obligation.

Frequently asked questions