Restraining order

Restraining order during divorce proceedings


Sometimes during divorce proceedings and in the heat of the dispute, boundaries are crossed, in more or less ugly way. In order to prevent violent incidents, there are a number of procedures that can be performed, among other things with the help of expulsion / protection orders. 

Under the Domestic Violence Prevention Act, a protection order can be filed against a first-degree relative, a spouse or their parents when he or she is physically, verbally or mentally harassing. The protection orders are temporary, and are intended to provide a quick response to the harassment suffered by one person from another person in his family. However, the power of the order may be extended from time to time. You can apply for a restraining order or a protection order separately, as well as for various family lawsuits in the Family Court or the Rabbinical Court.

Restraining order – what needs to be proved?


It should be understood that when seeking a restraining order against the spouse, it must be proven that the spouse is harassed or threatened. This can be proved by evidence (witnesses, recordings, etc.).

An application for a restraining order for violence must meet a number of conditions:

The spouse is responsible for the act of violence.

The violence must be proven to be severe.

The existence of an immediate and actual danger or ongoing mental abuse or conduct that does not allow a family member to reasonably and properly manage his or her life must be demonstrated.

Sometimes the court will reject the application for an order if it turns out that the order was requested as part of a divorce strategy, with the aim of harming the other party.

When issuing the order, the court will check the good faith of the applicant for the order. It is important to know that if there are foreign interests in filing the application, the court will take it very seriously and may impose costs on either party. Also, the court will not immediately grant the request for a restraining order that was filed, but will also examine what is in the best interests of the children. A restraining order will only be issued if the violent acts cannot be stopped in other ways. There are cases where the court will prefer to determine a different separation if this may ensure the security of the spouse.

Issuance of a restraining order


For this reason it is advisable to consult before applying. The issuance of a restraining order is not a routine step and has far-reaching consequences for the restrained and removed spouse. These implications could affect a divorce agreement in the future. The request must be examined and it must be ensured that it does not have a negative effect, the result of which is destructive and should only be taken if it is necessary and real. If and when it comes to a genuine and unequivocal request, then action must be taken to file it immediately. An illegally requested restraining order can cause great suffering to the couple’s children. This is a trauma that will not necessarily be repairable.

A ruling given by the Tel Aviv Family Court in 32748-01-12 refers to a woman who submitted a request to the Family Court in Ramat Gan to remove her husband from their joint home. She claimed that the husband was violent and endangering her and their minor daughters. The court ruled, that both parents contributed to the violence and kept them away from home alternately, so that each week only one parent would stay with the minors.

Regarding a restraining order the judge ruled

“The parents exposed the girls to an ugly, physically and verbally violent struggle and even added guilt to the crime while not obeying the girls’ pleas to leave. The girls asked and repeated, just to leave and it was obvious that their request was so complicated that no one was found to fulfil their simple wish – to leave. “

It was therefore decided that each parent would stay in the apartment for a week on and off, with each parent being assigned a separate room in the apartment, where he would have the right to stay, where he would keep his personal belongings, and be able to lock the room upon leaving.

Cases in which a restraining order is sought for false complaints, must not happen, the damage caused to children is immeasurable, from which the children cannot be cured. The act will affect their present and future lives. In any case, it is advisable to consult a family lawyer.

עורך דין גירושין

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