Family violence is a public-social problem that is not unique to a specific sector of the population, and its effects are substantial in both the short and the long term. Family violence is a negative and damaging phenomenon and must be condemned in all its forms. Many families suffer from physical, sexual, verbal and psychological threat and harassment. Such forms of conduct are prohibited by law and are defined as criminal offences.
Under Regulation 5(1) of the Legal Aid Regulations 5733 - 1973 (hereinafter "the Legal Aid Regulations"), the Legal Aid Department, through the Legal Aid District Offices throughout the country, provides Legal Aid in family cases as such are defined in the Family Court Law 5755 - 1995, including in all matters pertaining to violence in the family.
Such assistance is provided to all members of the family without distinction as to age or gender. The assistance is provided both to the ostensible victim and to the ostensibly offending party, when there is a legal basis for doing so and pursuant to the Legal Aid Law 5732 - 1972 and the Regulations made pursuant to it.
Protection Order/Prevention of Threat of Harassment Order
The Legal Aid Department, through the Legal Aid District Offices all over the country, provides guidance, legal advice and representation in the presence of both parties when a Protection Order or a Prevention of Threat of Harassment Order or an Injunction is issued, as detailed below:
Protection Order - the legal possibility of the removal from the home of a violent family member within the framework of the Prevention of Family Violence Law 5751 - 1991. A Protection Order may be issued direct in the Family Court or in the Magistrates' Court nearest to the area of your residence. The issuance of a Protection Order does not entail payment of a court fee. If the Judge considers that there is cause to issue
a Protection Order, an initial Protection Order will be granted for several days only. The Judge will state in his decision the date of a further Hearing in the presence of both parties in order to afford the other party an opportunity of defending himself.
Under the Prevention of Family Violence Law, it is not only a spouse/partner who may apply to the Court requesting the grant of a Protection Order in order to remove the violent party from the home. The Law contains a wider definition of a relative who is entitled to apply for a Protection Order: a divorced spouse, parents of the spouse, a grandfather or grandmother, brothers, a child of the spouse, brothers-in-law, nephews, common-law partners and partners of the same sex.
The Court may remove the violent party from the home by means of a Protection Order for a period of up to three months and it has the power to extend the period from time to time, provided that the total period shall not exceed six months. However, in special cases, the Judge has power to extend the Order for a period of not exceeding one year from the date of removal.
Order for the Prevention of the Threat of Harassment - Under the Prevention of Threat of Harassment Law 5762 - 2001, the Court may issue a Prevention of Threat of Harassment Order in which a person is ordered to refrain from a list of acts that is defined in the Law and inter alia to refrain from harassing the victim, from contacting him in any form and to maintain a certain distance from his residential premises, his place of work or studies or at any other place, as well to refrain from carrying a weapon.
When the victim is a relative of the perpetrator the jurisdiction under the Prevention of the Threat of Harassment Law will lie with the relevant courts that are granted jurisdiction under the Prevention of Family Violence Law, namely, the Family Court has parallel jurisdiction to hear applications and actions under this Law. However, when the victim is not a relative of the perpetrator - jurisdiction lies solely with the Magistrates' Court and where the victim is a minor, jurisdiction also lies with the Juvenile Court.
A non-cohabitation and peace and tranquility order in the context of a maintenance claim- Legal Aid is granted to a wife who wishes to bring, on her behalf or on behalf of her children, a claim in which she seeks to obtain, as part of her right to maintenance, an order to the effect that the husband shall not reside in the matrimonial home on the grounds of physical, and mental violence, threats, maltreatment etc., which prevents the wife and the children from maintaining a normal routine of peace and tranquility in the home. The advantage of a removal order as part of a maintenance claim is that the Judge is empowered to remove the husband for a prolonged period of time and is not limited to relatively short periods of time mentioned above under the Prevention of Family Violence Law.
Legal Aid to woman who have been victims of violence and who are staying in shelters throughout the country - the Legal Aid District Offices throughout the country maintain direct and continuous contact with shelters who have an interest in Legal Aid. The managers of the shelters, and/or their employees contact the District Office initially to coordinate an examination with a view to the granting of Legal Aid. Such contact is made with sensitivity and caution as is appropriate in the circumstances.
Trafficking in Woman - under the Prevention of Human Trafficking (Legislative Amendments) Law, 5763-2003, the Legal Aid Law, 5732-1972 (hereinafter- "the Legal Aid Law") was amended to the effect that a right to Legal Aid was granted to victims of human trafficking, in all matters pertaining to proceedings under the Entry into Israel Law, 5712-1952 or for civil proceedings concerned with the commission of trafficking offences, and this without it being necessary for them to meet the economic eligibility test (for more information).