Domestic violence - Best lawyers

Domestic violence is a destructive phenomenon that affects many souls and tears the most delicate fabric of life – the family unit. It does not distinguish between sectors, socio-economic classes, or ages and leaves deep scars on the souls and bodies of victims, children and adults alike.

The legal system recognizes the unique severity of violence that occurs within the walls of the home, in a place that should be the fortress and security of family members, and provides legal tools for coping, protection, and punishment. If you are experiencing domestic violence, if you fear for the safety of a loved one, or if you are facing accusations on this matter, this page is intended to illuminate for you the main legal aspects, the different types of offenses and possible courses of action, and the critical role that a domestic violence lawyer has in these complex situations.

You can also find on the page a selection of recommended lawyers who specialize in offenses of this type.

What are domestic violence offenses?

Domestic violence offenses are a broad category of harmful behaviors that occur within the family framework, between spouses (married, common-law, or former partners), between parents and children, between siblings, or toward another family member, including the elderly and helpless.

The uniqueness of these offenses lies not only in the act of violence itself, but also in the context in which it is carried out – the relationship of closeness, dependence, and often authority relations. The legislator recognized that offenses committed against a family member carry additional severity, and therefore established in the penal code specific offenses and aggravating circumstances relating to this, alongside the Law for Prevention of Domestic Violence, 1991, which provides a central tool for protection – the protection order.

The complexity of domestic violence stems from several factors:

• The cycle of violence: In many cases, domestic violence is not a one-time event but a pattern of behavior that repeats itself cyclically, including stages of building tension, violent outbreak, and afterwards sometimes a "honeymoon" of calm and promises of change, until the cycle begins again.
• Concealment and shame: Domestic violence victims often experience shame, guilt, and fear of the reaction of the environment or the perpetrator, which makes it difficult for them to expose what is happening and seek help.
• Economic and emotional dependence: Especially in romantic relationships, economic or emotional dependence on the perpetrator may make it difficult to leave the violent relationship.
• Involvement of children: When children are in the picture, the decision to take action becomes even more complex, due to concern for their welfare and the impact of the situation on them.
• Evidentiary difficulty: Many acts of violence occur "behind closed doors," without external witnesses, which sometimes makes it difficult to prove them.

Recognition of these complexities is vital both for victims, so they understand they are not alone and there are ways to get out of the situation, and for the law enforcement and legal system, so they can provide a sensitive and effective response.

Types and expressions of domestic violence: Beyond physical harm

When we think about domestic violence, the first image that usually comes up is of physical violence. Indeed, physical violence is a severe and common expression, but it is important to understand that domestic violence takes many forms, sometimes more covert, whose harm can be no less destructive. Recognition of these expressions is vital for identifying the situation and taking action.

Physical violence:

Includes any use of force that causes or is likely to cause bodily harm, pain or suffering. For example: slaps, punches, kicks, pushes, strangulation, burns, throwing objects, use of hot or cold weapons. Relevant offenses in the penal code include "simple assault," "assault causing substantial bodily harm," "grievous bodily harm," and especially "assault of a spouse" or "assault of a minor or helpless person," which carry more severe penalties.

Sexual violence:

Coercion into sexual acts, unwanted sexual contact, rape, sodomy, and indecent acts within the family. Sexual violence within the family is particularly traumatic due to the violation of basic trust and severe harm to body and soul.

Emotional/psychological violence:

This is quiet but destructive violence that harms self-image, self-confidence and psychological well-being of the victim. It includes:

• Threats: threats of physical harm, murder, harm to children, suicide, or any other threat that instills fear.
• Humiliation and degradation: curses, derogatory names, destructive and constant criticism, contempt, mockery, and humiliation in front of others or in private.
• Social isolation: preventing contact with friends, family, or leaving the house, with the aim of controlling the victim and increasing their dependence.
• Control and coercion (Coercive Control): ongoing patterns of behavior of control, coercion, intimidation and isolation, which undermine the victim's sense of independence and autonomy.
• Emotional manipulations: using guilt feelings, emotional blackmail, or distorting reality (gaslighting) to undermine the victim's perception of reality.

Economic violence:

Using economic power to control, humiliate or restrict a spouse or other family member. Expressions of this include:

• Preventing access to financial resources, even if it involves joint income or the victim's own income.
• Complete control over expenses and creating complete economic dependence.
• Restricting the ability to work or study.
• Accumulating debts in the victim's name without their knowledge or consent.
• Confiscating property or money.

Neglect:

Mainly toward children, elderly or helpless people. Neglect can be physical (failure to provide food, clothing, shelter, medical care) or emotional (lack of attention, lack of support, exposure to violence). Neglect is a passive form of violence, but its consequences can be severe.

Spiritual violence:

Forcing religious beliefs and customs, preventing observance of commandments or religious worship, or contempt and humiliation on the basis of spiritual beliefs.

Threatening harassment (Stalking):

Surveillance, repeated telephone or digital harassment, unwanted appearance in various places, or any other behavior that creates a feeling of persecution and threat, even after separation or attempt to cut contact.

It is important to emphasize that often, the different types of violence are intertwined and appear together, amplifying the harm. Proper identification of all patterns of violence is a first and necessary step toward receiving help and protection.

Legal tools for coping and protection: protection order and criminal procedure

In the legal system there are several central tools designed to provide protection and deal with the phenomenon of domestic violence.

The Law for Prevention of Domestic Violence and protection order: framework for action

The spearhead in this struggle is the Law for Prevention of Domestic Violence, 1991, whose main purpose is to provide a quick and effective response to domestic violence victims and enable them to receive immediate protection from the court. The main tool that this law provides is the protection order. This order is a judicial instruction directed toward a person suspected of committing violence (called "the respondent"), and instructs him to refrain from performing certain actions toward the family member requesting the order (called "the applicant") or toward other family members who are at risk. The application for a protection order can be filed by a family member, including a spouse, parent, child, sibling, grandfather, grandson, and even common-law partners and former partners if the harassment or violence continues even after the relationship ended. In addition, the Attorney General or his representative, a social worker on behalf of the state, or another relative of the victim who testifies to the existence of danger, are also authorized to file such an application.

Conditions for obtaining a protection order and remedies available within its framework

The court is authorized to issue a protection order if it is convinced, based on the evidence presented to it, that one of the grounds listed in the law has been met. These grounds include a situation where the person committed violence against his family member or committed a sex offense against him. Also, the order will be given if the person's behavior provides a reasonable basis to assume that he poses a real physical danger to his family member, or that he is likely to commit a sex offense against him.

An additional ground is ongoing psychological abuse by the person toward his family member, or behavior on his part that does not allow the family member to lead a reasonable and proper way of life – here, it is important to emphasize, the emphasis is on an ongoing pattern of behavior and not necessarily on a single violent incident. When the court decides to issue a protection order, it can include in it a wide range of remedies, such as prohibiting the respondent from entering the shared residence, and even removing him from it, even if the apartment is registered in his name.

The order can prohibit the respondent from harassing the applicant in any way and in any place, and prohibit him from creating any contact, whether direct or indirect, with the applicant. In addition, it is possible to set a minimum distance that he must maintain from the applicant or from places of his presence, to prohibit him from carrying or holding a weapon and to order its deposit, and even to refer the respondent to receive dedicated treatment, for example, treatment to prevent violence.

Validity of the order, its violation and importance of legal representation

Regarding the validity of the order, an initial protection order can be given ex parte, that is, without the presence of the respondent, for a short period of up to seven days, in order to provide immediate protection.

After that, a hearing will be held in the presence of both parties, where the respondent can also voice his arguments. At the end of this hearing, the court may extend the validity of the order for a period of up to three months, and it can be extended from time to time for additional periods, as long as the circumstances of the case justify it, usually up to a cumulative period of one year, and in exceptional cases even up to two years. It is important to know that violation of a protection order constitutes a criminal offense in itself, and it may lead to the arrest of the violator and filing of an indictment against him.

In light of the complexity and significant implications of the protection order procedure, both for the order applicant and for the person against whom the order is sought, there is supreme importance to representation by a domestic violence lawyer. Such a lawyer will be able to ensure that the arguments are presented to the court optimally, that the rights of each party are preserved, and that the court receives a complete and accurate picture of the situation.

The criminal procedure: filing a complaint and managing the case

Alongside the protection order route, domestic violence victims also have the criminal procedure available to them. Victims can, and are definitely recommended to do so, file a complaint with the police.

After filing the complaint, the police will begin an investigation, and if sufficient evidence is found, the case will be transferred to the prosecution or to the police prosecution unit, where a decision will be made whether to file an indictment against the perpetrator. The penal code itself includes unique offenses adapted to the characteristics of domestic violence, such as "assault of a spouse" (section 382(b) of the penal code), "assault of a minor or helpless person" (section 368b), and "harm to a spouse" (section 382(g)).

These offenses carry more severe penalties than "regular" assault offenses, committed against a person who is not a family member. Also within the criminal procedure, legal accompaniment is vital. A domestic violence lawyer can represent the defendant in domestic violence throughout the procedure,

starting from the investigation and arrest stages, through hearing procedures (if held), and up to conducting the trial itself and arguments for sentencing. It is important to note that crime victims also have defined rights in the criminal procedure, and a lawyer representing them can help them realize these rights, such as receiving ongoing information about the progress of the procedure, expressing a position regarding possible plea arrangements, and more.

Implications of domestic violence on family law

It is important to understand that domestic violence incidents also have significant implications for procedures conducted in parallel in the family court or rabbinical court. These procedures can include divorce claims, complex issues of child custody and visitation arrangements, property division, and alimony. The existence of domestic violence, and its proof, can dramatically affect the court's decisions on these issues, and in particular on determining child custody and on the manner of conducting visitation arrangements, which may take place at a contact center and under supervision in cases of danger.

A domestic violence lawyer who holds combined expertise, both in the criminal field and in family law, can provide you with comprehensive and effective representation, and ensure that all aspects of your case are taken into account and handled in the best possible way.

The crucial role of a domestic violence lawyer: protection, accompaniment and rehabilitation

Dealing with domestic violence is a difficult and traumatic journey, whether you are on the victim side or whether you are dealing with accusations. The involvement of a domestic violence lawyer with experience, sensitivity and commitment is critical and can dramatically affect the outcomes of the procedure and your ability to protect yourself and rehabilitate your life.

Legal assistance for male and female domestic violence victims:

• Situation assessment and urgent consultation: In the first stage, a domestic violence lawyer will listen to you, assess the level of danger posed to you and your children, and provide urgent initial consultation regarding the immediate steps to be taken to ensure your safety (for example, contacting the police, leaving the house for a shelter, contacting a help center).
• Assistance in obtaining an urgent protection order: If there is a need for immediate protection, the lawyer will act quickly to file an application for an ex parte protection order, and prepare you for the hearing before the court. He will ensure that the application is properly worded and backed by evidence supporting the grounds for the application.
• Accompaniment in filing a complaint with the police: If you decide to file a complaint, the lawyer can accompany you to the police station, help in formulating the complaint, and ensure that your rights as crime victims are preserved throughout the investigation procedure.
• Representation in legal procedures: A domestic violence lawyer will represent you in hearings on extending the protection order, in criminal procedures if an indictment is filed against the perpetrator, and also in related procedures in the family court (divorce, custody, alimony) while emphasizing the aspects of violence and their impact.
• Connection to additional help factors: Many lawyers working in the field are connected with welfare factors, help centers for violence victims, and shelters, and can help you make contact with these factors to receive additional support.
• Obtaining compensation: In certain cases, it is possible to sue the perpetrator for compensation for the physical, psychological and economic damages caused as a result of the violence.

Legal assistance for those accused/suspected of domestic violence:

• Representation in arrest and investigation procedure: If you were arrested or summoned for investigation on suspicion of domestic violence, you have the right to consult with a domestic violence lawyer immediately. The lawyer will explain your rights to you, prepare you for the investigation, and represent you in arrest extension hearings if there are any.
• Dealing with protection order applications: If an application for a protection order has been filed against you, the lawyer will represent you in the hearing and will act to present your version. In cases of false complaints or inflating of events, it is very important to refute the claims and defend your good name and your rights (for example, the right to continue living in your home or to maintain contact with your children).
• Defense in criminal procedure: If an indictment has been filed against you, a domestic violence lawyer will conduct your defense, examine the evidence material, investigate witnesses, and work for your acquittal or to achieve the best possible result for you, including examining the possibility of a lenient plea agreement or referral to rehabilitation procedures.
• Dealing with implications on family law: Accusations of domestic violence have far-reaching implications for divorce and custody procedures. A lawyer who combines expertise in the criminal field and in family law will be able to provide you with comprehensive protection.
• Guidance to treatment and rehabilitation procedures: In cases where there is recognition of a violence problem and a desire for change, the lawyer can help in referral to appropriate treatment and rehabilitation factors. Sometimes, participation in a therapeutic procedure can constitute a consideration for mitigation of punishment or closing of the case.

The choice of a domestic violence lawyer is not just a choice of a professional, but of a person who will accompany you in one of the most difficult and sensitive periods of your life, while demonstrating professionalism, determination, and empathy.

LawReviews: Find a domestic violence lawyer who will fight for you

Dealing with issues of domestic violence requires sensitive and professional legal treatment. Whether you need urgent protection or representation against accusations, choosing a suitable lawyer who specializes in domestic violence offenses is critical. At LawReviews, you can find lawyers with experience and recommendations and read opinions from previous clients. This way you can choose the best representation for you, knowing that you are relying on the experience of others. Join the wisdom of the crowds and choose correctly.