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Can an order be granted against a husband/father where there is emotional – but not physical – violence within the family ?

By: דיאנה שאלתיאלPublished on: 03 May, 2022

Yes. The Supreme Court held in the 1990’s that ‘emotional’ violence alone can justify an order keeping a husband/ father away in extreme cases. In one case it remarked that emotional cruelty, humiliation and suppression can be more difficult than physical violence, depending on the circumstances . In another case it said: ‘ Tension, distress , and anxiety ( ‘ emotional violence’ ) can ,even themselves, be used as a basis for a protection order but this is only in extreme cases’. However, an order preventing the alleged perpetrator from entering the home is usually only given where there is no physical violence if the court has warned the alleged perpetrator and he/she has not taken any notice.

In a case in 1998 as part of a plea for maintenance and ‘ quiet living’ at the Tel Aviv family court a wife succeeded in having the ex-parte order preventing her husband from entering the home left in force. The court accepted evidence brought showing that the husband had ignored the court’s warning to refrain from emotional violence and had continued to make life for the wife and children unbearable to the point where their well-being was in danger.


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