Restraining Order against Threatening Harassment: Guide and Representation
A restraining order against threatening harassment is issued under the Prevention of Threatening Harassment Law and applies to any person, including someone who is not a family member (neighbors, coworkers, acquaintances). It is a proceeding separate from a protection order, and its conditions and remedies are set by a different law. Below are the firm’s guides on the subject.
Received a request for an order, or an order against you
Violation of an order
Understanding the process
See also: Protection order under the Prevention of Violence in the Family Law, a separate proceeding under a different law.
Received a request for a threatening harassment order, or notice of a violation? Call attorney Emanuel Trach: 055-2550011 or leave your details.
Frequently asked questions
What is threatening harassment?
Under the law, threatening harassment means harassing a person in any manner, or making threats against them, in circumstances that give reasonable grounds to believe the harasser may again harm the person’s peace of mind, privacy or freedom, or their body. Examples given in the law include stalking and shadowing, making contact, and harming property or reputation.
What is the difference between a threatening harassment order and a protection order?
A protection order is issued under the Prevention of Violence in the Family Law and concerns family members. A restraining order against threatening harassment is issued under a separate law and is usually suited to people who are not family members, although the law also applies to family members. The conditions, time periods and powers under the two laws differ.
How long can a threatening harassment order last?
Under the law, the order may not exceed six months, and the court may extend it up to a total period of one year. For special reasons set out in the decision it can be extended up to two years.
Can an order be issued in one party’s absence?
Yes, when it is needed for the immediate protection of the victim’s well-being, or when the respondent was properly summoned and did not appear. A hearing with both parties present must be held promptly and no later than seven days from the date the order was issued.
What happens if the order is violated?
If a complaint is filed about a violation of an order, a police officer may arrest the person alleged to have violated it. Violating an order is a criminal offense. Israel Police procedure on the subject provides that, as a rule, a criminal file is opened in threatening harassment cases and an indictment should be filed, so it is advisable to obtain representation before questioning.
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