Violating a restraining order can lead to criminal and civil sanctions. In this article, you will discover what you can do if, after receiving a restraining order, the person against whom the order was issued violates it.
What is a restraining order?
A restraining order is an order directed at a specific person that prohibits them from approaching or otherwise contacting another person.
Common examples of restraining orders are: Order to prevent threatening harassment and a domestic violence prevention order (protection order). The main reasons for exclusion They are violence (physical or verbal) or even just the fear of such violence.
Usually, a restraining order is time-limited. If the person against whom a restraining order was previously issued contacts the person in whose favor the restraining order was issued after the order has expired, this will not be considered a violation of the restraining order.
The penalty for violating a restraining order
Violation of a restraining order can lead to sanctions on both a criminal and civil level. On the criminal level, this is at the discretion of the police and the prosecutor's office, and on the civil level, the victim himself decides whether he wishes to file a complaint. Financial claim or Civil lawsuit Against the violator of the order.
Violation of a restraining order – the criminal aspect
Violating a restraining order is in fact a violation of a legal provision. It is a violation of Section 287 of the Penal Code. This section states:
Violation of a legal provision
(a) Whoever violates an order duly given by a court or by an official or person acting in an official capacity and authorized for the same matter, is liable to imprisonment for two years.
(b) Whoever violates a provision of an order issued by a court for the purpose of protecting the life, body or safety of another person from the violator is liable to imprisonment for four years.
The relevant section in his case is Section 287(b), which allows the police and the prosecution to prosecute the person who violated the restraining order, and to demand a sentence of up to 4 years in prison.
In order to take action at the criminal level, the victim must submit Police complaintBut for the police to actually take action, it is not enough to come to the police station and file a complaint; they must provide evidence that the restraining order was indeed violated.
Good evidence is video footage showing how the person against whom the warrant was issued approaches you or acts in another way in violation of the warrant (for example, contacts you by phone - in which case a recording of the conversation can be shown).
Another option to prove that the order was violated is through witnesses. The more witnesses there are, the better.
Remember – the Israel Police is a body that does not always like (or can – due to manpower shortages) work hard, so if you do not provide as much evidence as possible that the order was indeed violated, your complaint may be closed due to lack of public interest or lack of evidence.
Violation of a restraining order – the civil level
Unlike in the criminal sphere, in the civil sphere it is the injured party who decides whether to file a lawsuit after a restraining order has been violated, but even in this case the lawsuit must be supported by appropriate evidence. Filing a lawsuit solely on the grounds that the restraining order was violated may lead to the lawsuit being dismissed (word against word alone will not always be enough for the injured party).
If you intend to win significant financial compensation, it is not enough to show that the restraining order was violated once, but rather to show a large number of times that the order was violated. The compensation for a single violation may be negligible, to the point that it is not at all certain that there is any merit in filing the lawsuit. In a significant number of cases, claims for violations of the law or additional damages caused by the violator of the order are added to the claim for violation of the restraining order.
A common way in which a restraining order is violated is through harassing telephone calls. In these cases, Section 30 of the Communications Law can be invoked, which states:
Anyone who uses a telecommunications device or terminal equipment in a manner that is likely to harm, frighten, harass, create anxiety or unlawfully upset is liable to imprisonment for three years.
Although this is a section that stipulates a prison sentence (a criminal sanction), there is no obstacle to using this section in a civil lawsuit and demanding financial compensation.
Why is it worth filing a financial claim against someone who violates a restraining order?
People who violate restraining orders are not afraid of judicial decisions or the police. It is also clear that these are not normative people, because normative people do not violate restraining orders, or do not even reach a situation where a restraining order should be issued against them in the first place.
דרך ריאלית ומעשית להתמודד עם אנשים שמפרים צו הרחקה היא להגיש נגדם תביעה כספית. רק כאשר מתחיל "לכאוב בכיס" אנשים אלה מתחילים להרתע וחושבים פעמיים על המעשים שלהם.
You will also find that after filing a lawsuit against the person who violated the restraining order and harassed you, that person will try to reach some kind of agreement with you. Settlement agreementThe main thing is that you do not pursue the lawsuit against him.
במקרים רבים אחרים אותו "גיבור" (או "גיבורה") שבחר להפר צו הרחקה כלל לא יגיש Defense And you can get Judgment in the absence of a defense Very shortly after submission Claim To the court.
Considerations for the amount of compensation required after violating a restraining order
After violating a restraining order and before filing a financial claim against the violator of the order, it is worth taking into account the following considerations to decide on the amount of compensation that you will specify in the statement of claim.
How to violate the restraining order – The court may well treat situations in which the violator of the order has reached the home of the person in whose favor the restraining order was issued differently, compared to a situation in which the order was violated through telephone calls. The first situation may be perceived by the court as more threatening, and as a situation that created Mental anguish More for the victim.
Duration of the violation / number of times the order was violated – There will be a significant difference in financial compensation if the restraining order was violated once versus many times. The more times the restraining order was violated, the higher the likelihood of receiving higher financial compensation.
There will also be a difference in financial compensation if the order was violated for a week compared to a situation where the restraining order was violated for a year. The longer the period of violation of the order, the higher the likelihood of receiving financial compensation.
What type of damage was caused by violating a restraining order? – If the violator of the restraining order has caused any damage (for example, destruction of property or physical harm to the person for whose benefit the restraining order was issued), the financial compensation will be higher compared to a situation where only emotional distress is involved.
In conclusion
Violating a restraining order means violating a legal provision. In these cases, criminal and civil sanctions may be taken against the violator.
The Penal Code states that in cases where a restraining order has been violated, imprisonment of up to 4 years may be sought. The decision to file an indictment in these cases is made by the Israel Police and the Attorney General's Office. On the other hand, the person injured by the violation of the restraining order is the one who has the right to decide whether to file a civil lawsuit against the violator and demand financial compensation.
לעיתים הדרך היעילה ביותר להילחם באדם המפר צו הרחקה היא באמצעות הגשת תביעה כספית משום שכל עוד לא "כואב בכיס" אותו מפר ימשיך לפעול כראות עיניו. לאחר הגשת התביעה מפר הצו עשוי לנסות להגיע איתכם לפשרה במטרה שתפסיקו את ניהולה של התביעה.
Frequently Asked Questions Regarding Violation of a Restraining Order
-
Is it worth filing a civil lawsuit after violating a restraining order?
We need to understand exactly what the goal is.
If the goal of such a lawsuit is to receive significant financial compensation, it is worth first examining how many times the restraining order has been violated and the severity of the violation.
If the order was violated only once and no damage was caused, filing a lawsuit may not be financially viable.On the other hand, if the restraining order was violated once but significant damage was caused (for example: the violator of the order hit the person against whom the order was issued) it is definitely worth considering filing a lawsuit.
-
Will the police and the prosecutor's office file charges after violating a restraining order?
It all depends on the circumstances.
If no damage was caused by violating the order, there is a significant likelihood that your complaint will be closed due to lack of public interest. -
How long does a lawsuit for violating a restraining order take?
The length of time depends greatly on the defendant. If the defendant does not file a defense on time (and this happens), the lawsuit can end after a period of about two months.
If the defendant files a defense, the lawsuit could last for more than a year. -
How much compensation can be received after violating a restraining order?
The amount of compensation will be determined based on the duration of the violation of the order, how many times the order was actually violated, whether any damage was caused to the victim or whether it was just emotional distress, how the violator of the order actually violated the order, and more.
Each case will be examined on its own merits, but of course the more serious the violation, the higher the compensation will be.
