A Restraining Order – How to Respond to a Request and How to File One
Someone who is threatened or harmed can apply for one of three types of orders: a protection order under the Prevention of Family Violence Law, when the perpetrator is a family member, excluding them from the home even if they own it and prohibiting harassment and carrying weapons; an order to prevent threatening harassment under the Prevention Law.
Three orders, three laws
A person who is threatened or harmed may petition for one of three types of orders: a protection order under the Prevention of Domestic Violence Law, when the offender is a family member: removal from the home (even if it is the offender's home), prohibition of harassment, and prohibition on carrying a weapon; an order for the prevention of threatening harassment under the Prevention of Threatening Harassment Law, against any person, even a stranger: prohibition of stalking, making contact, and being in the victim's vicinity; and a restraining order within a criminal proceeding, as a condition of a suspect's release. Choosing the right order and the right forum is a legal decision that determines the outcome.
How is the proceeding conducted?
The application is first heard ex parte, and the court is authorized to issue an immediate temporary order, sometimes on the same day. Within 7 days, a hearing takes place in the presence of both parties, in which the applicant is examined on his affidavit and the other side responds. A protection order is granted for a period of up to 3 months and may be extended up to a year (and in special circumstances up to two years); an order for the prevention of threatening harassment, up to 6 months with extension options. Violating an order is a criminal offense that leads to arrest, and in orders for a person's protection, a penalty of up to 4 years' imprisonment.
On both sides of the order
For the applicant: a weak, exaggerated, or inaccurate affidavit will collapse under cross-examination and collapse together with the application, and may even expose the applicant to costs. For the person against whom the order was filed: an order can distance a person from his home and children based on a one-sided version, and sometimes it is a tactical move in a divorce dispute. Appearing at the hearing with representation, counterevidence, and correspondence is the only protection against the order being cemented.
Legal representation
Advocate Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents applicants for orders and respondents to them, with an emphasis on urgent same-day proceedings. Contact us immediately.
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