Domestic Violence

Domestic Violence

Who are a "spouse" and a "family member" under the law?

The Prevention of Domestic Violence Law, Tashna-1991, defines the concepts broadly. "Spouse" includes a common-law partner. "Family member" also includes someone who was a family member in the past, and lists: spouse, parent, a parent's spouse, grandfather and grandmother, descendant, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew and niece, as well as anyone responsible for the needs of a minor or a helpless person residing with him.

The list is intentionally broad. Therefore, offenses committed within this circle of relationships are classified as "domestic violence offenses," with all the implications arising from that.

Why is domestic violence more serious than ordinary assault?

The legislature and the courts regard domestic violence offenses as especially serious, and the penalties directly reflect this:

Simple assault against a stranger, up to two years' imprisonment. Simple assault against a family member, up to four years' imprisonment. Assault causing actual bodily harm to a stranger, up to three years' imprisonment. Assault causing actual bodily harm to a family member, up to six years' imprisonment.

The gap illustrates how much the classification as a "domestic violence offense" changes the entire sentencing framework.

What do domestic violence offenses include?

Not only physical assault. Domestic violence offenses include: offenses against the body, including sexual offenses; causing damage to property, arson, threats, kidnapping, false imprisonment; violation of a lawful order or violation of a protection order; harassment; and also offenses that are not violent by nature, such as forgery and fraud between spouses.

Presumption of dangerousness, what does that mean in practice?

The law establishes a presumption of dangerousness with respect to a suspect in domestic violence offenses: the suspect is presumed dangerous, and the burden is on them to rebut this presumption. The practical meaning: the court tends to agree to arrest, extend it, and impose restrictive release conditions. This is one of the central arguments that an experienced criminal lawyer must deal with from the very first stage.

What happens when the police arrive at the scene?

When a complaint is filed or information is received about a domestic violence incident, the patrol officer arriving at the scene performs an initial dangerousness assessment, checks criminal history, and documents the physical condition of the apartment and of the parties, usually by means of a body camera. If there is a weapon in the home, the patrol officer is authorized to seize it, and they are also authorized to revoke the suspect's weapons license. Anyone who possesses a weapon and is suspected of domestic violence loses it almost automatically.

False complaints, a phenomenon that should be recognized

False complaints are not infrequently filed, sometimes on the eve of divorce proceedings, sometimes as part of a dispute, sometimes out of a desire to gain a legal advantage. Such a complaint can lead to arrest, investigation, and restrictive conditions, even when it has no substance. Years of experience in the Tel Aviv District Attorney's Office teach one to identify such patterns early and present them to the prosecution effectively. A practical recommendation: document messages and communications coming from the other side, they may be critical.

The investigation, the initial version determines everything

The version given in the police investigation, and even statements made to the patrol officer upon arrival at the scene, are documented and used as evidence. Law-abiding people with no criminal record tend to think that if they cooperate and answer everything, the case will be closed. This is a serious mistake. No version should be given before consulting a criminal lawyer, not even to the patrol officer who arrived at the apartment.

Legal representation in domestic violence cases

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in domestic violence offenses, from the initial investigation, through arrest proceedings, the hearing, and up to conducting the trial. Familiarity with the presumption of dangerousness and the way it is applied, together with experience in identifying false complaints and building a precise line of defense, are what determine the outcome. Contact us for an initial consultation with no obligation.

Assault of a spouse

Why is assaulting a spouse more serious?

Assaulting a spouse is defined in section 382(b) of the Penal Law as an "assault under aggravated circumstances." The penalty is up to 4 years of imprisonment, double the penalty for ordinary assault of a stranger (only two years). The rationale: harm to the family unit, the status of the home as a place of safety, and the inequality of power characteristic of intimate relationships make the betrayal of trust particularly aggravating.

In recent years, against the background of the increase in cases of domestic violence and homicide between spouses, the Israel Police, the prosecution, and the courts have become stricter in enforcing the law.

Who is a "spouse" under the law?

The law defines a spouse as married spouses, common-law partners, or those conducting a shared life. The definition also includes former spouses and former family members. When it is proven that the other party does not meet the definition of a "spouse," the offense is reduced in severity. In many cases, it is possible to act precisely on this point and significantly affect the outcome of the proceeding.

Elements of the offense

The factual element: proof of committing an assault (a hit, touch, shove, or use of force) without consent, as well as that the other party meets the definition of a spouse. The circumstance of a "spouse" is what makes the offense serious.

The mental element: recklessness alone is sufficient; committing the assault with indifference, even momentary, toward the act and its consequences. There is no need for explicit intent to harm. This is a relatively low threshold, but it is not always easy to prove, and sometimes this is exactly where the space for defense lies.

Sentencing, three stages

The court operates on three levels: determining the appropriate sentencing range, while considering the social value that was harmed, bodily integrity, human dignity, and preserving domestic peace; examining aggravating and mitigating circumstances; and imposing the specific sentence.

Aggravating circumstances: the severity of the damage caused, a criminal record, repeated assaults. Mitigating circumstances: absence of a criminal record, the passage of time since the incident without recurrence, a prolonged therapeutic process in the probation service, contribution to society, and harm that would be caused to the family and the joint children as a result of imprisonment.

Main defense arguments

Denial of the act of assault; at times this is a false complaint made in the heat of an argument, in the context of divorce proceedings, or out of a desire to intimidate the spouse. It is possible to act vis-à-vis the prosecutor to close the case.

Self-defense: a legitimate argument, but very difficult to prove. It must be built carefully with a criminal lawyer before the investigation and should not be raised spontaneously. In a case I handled, a client accused of pushing his wife succeeded in proving that he was forced to push her in order to protect their joint child whom she was beating. Such success requires careful management of the version of events.

Failure of the "spouse" element to exist: proof that the parties do not meet the legal definition reduces the severity of the offense.

Can a complaint that was filed be withdrawn?

No. After a complaint is filed, the decision whether to file an indictment passes to the police prosecution or the State Attorney's Office, and is not under the complainant's control. The police do not automatically believe requests to retract a complaint, in light of awareness of battered woman syndrome and the mechanisms that cause women to retract despite the violence.

If the complaint was filed in the heat of the moment and is unfounded, it is possible, through a criminal lawyer, to approach the prosecutor carefully and precisely and try to persuade them that there is no basis for an indictment. The approach itself requires careful handling so as not to become entangled in a false complaint.

Legal representation in domestic violence cases

Israel Arama, former member of the Tel Aviv District Attorney's Office, accompanies suspects in domestic violence offenses from the investigation stage, setting a precise line of defense before giving a version of events, managing contacts with the prosecution, and examining every possibility of closing the case before an indictment. Contact us for an initial consultation with no obligation.