Law for the Prevention of Domestic Violence, 5751-1991
חוק למניעת אלימות במשפחה, תשנ"א-1991
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.
Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Definitions§
In this Law –
"information security" – as defined in section 7 of the Privacy Protection Law, 5741-1981;
"technological supervision device" – a technological instrument or application that locates a person's whereabouts and alerts in the event of a breach of a protection order subject to conditions of technological supervision or in the event of a supervised person entering a warning range, which the Minister for National Security has approved under section 3g;
"court" – a Magistrate's Court, a Family Court, and also a religious court in respect of parties whose matters it has jurisdiction to hear;
"religious court" – a Rabbinical Court, a Sharia court, a court of a Christian community, and a Druze religious court;
"spouse" – including a common-law spouse;
"family member" – including a person who was formerly a family member, being one of the following:
"civilian assistance provider" – a representative of an operating company whom the head of the technological supervision unit has authorised to serve as such under section 3d;
"danger assessment" – an assessment of the risk, including the level of risk, of the existence of conduct as referred to in section 3 towards a family member for whose protection a protection order as defined in section 2 has been requested;
"operating company" – a company, one or more, with which the State has contracted for any of the following purposes:
"helpless person" – as defined in section 368a of the Penal Law, 5737-1977;
"warning range" – the area geographically adjacent to the violation range, as determined by the court in a protection order subject to conditions of technological supervision, within which the supervised person's location is monitored pursuant to the provisions of this Law;
"violation range" – an area, locality or other specific place that the court has prohibited the supervised person from entering in a protection order subject to conditions of technological supervision, or an area in which the family member for whose protection such a protection order has been issued is located and from which the court has prohibited the supervised person in such a protection order from being within a specified distance;
"technician" – a representative of an operating company who has been authorised to serve as a technician under section 3d;
"technological supervision unit" – the unit established under section 3c(a);
"database" – the database established under section 3h(a);
"investigator" – a prison officer appointed under section 3c(c);
"monitoring officer" – a prison officer appointed to serve as a monitoring officer under section 3c(d);
"head of the unit" – a person appointed to the post of head of the technological supervision unit under section 3c(b);
"danger assessor" – a person appointed under section 6b;
"supervised person" – a person against whom a protection order subject to conditions of technological supervision has been issued;
"the Commissioner", "prison officer" and "senior prison officer" – as defined in the Prison Ordinance [New Version], 5732-1971;
"violence offence" – an offence under sections 192, 245, 246, 300 to 301c, 305, 329, 333 to 335, 345 to 348, 351, 368b, 368c, 369 to 374, 377, 380, 382(c), 427 or 428 of the Penal Law, 5737-1977;
"domestic violence offence" – a violence offence against a family member;
"statutory social worker" – any of the following:
"protection order subject to conditions of technological supervision" – as defined in section 3b(c);
"minor" – as defined in the Legal Capacity and Guardianship Law, 5722-1962;
"authorised police officer" – a police officer whom the Inspector General of the Israel Police or a person on that officer's behalf has authorised for the purpose of approving a recommendation on a warning range and a violation range under section 3b(f);
"welfare officer" – (deleted)
"security authority" – the Israel Police, the Witness Protection Authority, the Knesset Guard as defined in the Knesset Building, Compound and Guard Law, 5728-1968, the Israel Defence Forces, the General Security Service and the Prison Service.
Protection Order§
Undertaking to Receive Treatment§
"suitable treatment framework" – a treatment framework suitable for treating a person that has been budgeted within the budget remaining after budgeting the employment of recruiting and assessing social workers, out of the total budget designated for the implementation of this section in an annual budget law as defined in the Budget Foundations Law, 5745-1985 (hereinafter – annual budget law);
"recruiting and assessing social worker" – a social worker whom the Minister of Welfare and Social Security has authorised for the implementation of this subsection and whose employment has been budgeted within the budget designated for the implementation of this section in an annual budget law;
"temporary provision period" – a period commencing on the day of commencement of the Law for the Prevention of Domestic Violence (Amendment No. 18 – Temporary Provision), 5782-2021, and ending upon the expiry of five years from that date, and if extended pursuant to the provisions of paragraph (9) – until the end of the extension period;
Prohibition on Possessing and Carrying a Weapon§
Where a protection order as referred to in section 2 has been issued, the person bound by the order shall be prohibited from possessing or carrying a weapon, including a weapon issued to that person on behalf of a security authority or any other State authority; the court shall direct, at the time of issuing the order, that the weapon of the person bound by the order be seized immediately.
Permit to Possess and Carry a Weapon§
in this paragraph –
"special licence holder" – a holder of a special licence under section 10c of the Firearms Law, 5709-1949 (hereinafter – the Firearms Law);
"proper establishment" – as defined in section 10 of the Firearms Law;
Hearing in the Presence of Both Parties§
A hearing on an application under section 2c shall be held in the presence of both parties, provided that in an application –
Arrangements to Ensure the Safety of the Family Member§
Where the court has permitted the person bound by a protection order to possess or carry a weapon pursuant to the provisions of section 2c, it shall detail the reasons and shall determine in the order conditions and arrangements to ensure the safety of the family member of the person bound by the order; where the permit has been granted pursuant to an application under section 2c(a)(2) or (3) or (b), the court shall detail the steps to be taken by the special licence holder, the holder of the proper establishment or the security authority, as the case may be, which were determined with their consent to ensure compliance with the conditions and arrangements it has determined in this regard.
Transmission of Court Decisions§
Application for a Protection Order and the Conditions for Its Issuance§
At the request of a family member, the Attorney General or a representative thereof, a police prosecutor or a social worker appointed under the Youth (Care and Supervision) Law, 5720-1960 or under the Protection of Helpless Persons Law, 5726-1966, the court may issue a protection order against a person if it has found that one of the following conditions has been met:
for the purposes of this section, "sex offence" – an offence under Section E of Chapter X of the Penal Law, 5737-1977.
Protection Order against a Minor§
Protection Order Subject to Conditions of Technological Supervision§
Establishment of the Technological Supervision Unit and Appointment of Position Holders in the Unit§
Authorisation of Representatives of an Operating Company and Their Functions§
"personal interest" – including a personal interest of a relative or an interest of a body in which any of these or a relative of any of these are directors or responsible employees, or an interest of a body in which any of them holds a share in the share capital, a right to receive profits, a right to appoint a director or a voting right;
"relative" – a spouse, parent, grandparent, a parent's spouse, child, brother or sister, or another person dependent on that person, and also a spouse or child of any of them.
Indication from a Technological Supervision Device§
Instructions to Position Holders in the Technological Supervision Unit and to Representatives of an Operating Company§
The head of the unit shall prescribe in a procedure the manner of operation of position holders in the technological supervision unit and in the operating company and the documentation of their actions, and shall in particular prescribe provisions regarding the manner of establishing contact with a supervised person or with the family member for whose protection a protection order subject to conditions of technological supervision has been issued.
Approval of a Technological Supervision Device§
The Minister for National Security, on the recommendation of the professional elements in the Ministry for National Security and the Israel Prison Service, shall approve an instrument or application as a technological supervision device, if the harm it causes to the rights of supervised persons does not exceed what is required for the purpose of protecting family members for whose protection a protection order subject to conditions of technological supervision has been issued, and it is of a sufficient level of reliability.
Database§
Information Security§
The technological supervision device, the information received from it into the database as referred to in section 3h(a), and the communication between the technological supervision device and the database, shall be secured at a high level of security pursuant to the Privacy Protection Law, 5741-1981.
Quota of Technological Supervision Devices§
The Minister for National Security, with the consent of the Minister of Finance, after consultation with the Minister of Justice and with the approval of the National Security Committee of the Knesset, shall prescribe by Order a maximum number of technological supervision devices that may be directed for use under this Law, which shall be higher than the maximum number prescribed in the previous quota, if such a quota has been prescribed.
Procedure§
Period of validity§
Report§
For the purpose of proceedings under section 4(b) or section 5(b) or (c), the court may order a social worker as defined in section 2(g)(1) or in section 3, as the case may be, to prepare a written report by a date to be determined on any matter connected with the issuance of a protection order, and the provisions of the Welfare Law (Procedure in Matters of Minors, Mentally Ill Persons and Absentees), 5715-1955, shall apply, with the necessary modifications, to its preparation, even if the report was requested in respect of a person not included in that Law.
Danger assessment§
Appointment of danger assessor, revocation and suspension of appointment§
Power of danger assessor to receive information§
Notwithstanding the provisions of any law and subject to the provisions under this section, for the purpose of conducting a danger assessment as referred to in section 6a, a danger assessor may receive information as detailed below, if the information is in connection with the family member against whom the protection order has been issued or is sought, and a person in possession of such information is obliged to provide it as soon as possible upon the demand of the danger assessor:
Quota of danger assessments§
The Minister of Welfare and Social Security, with the consent of the Minister of Finance, in consultation with the Minister of Justice and with the approval of the National Security Committee of the Knesset, may prescribe by Order a quota of the maximum number of danger assessments that may be transmitted to the court in any year, provided that it shall not be less than the quota prescribed in the preceding year, and may also prescribe in the said manner a quota from within the said quota, for a specific period, of danger assessments for the purpose of a decision concerning a protection order subject to conditions of technological supervision.
Breach of order§
Law of evidence§
Methods of service§
Court documents and orders under this Law shall be served by a court clerk, or by a person authorised in writing by the court or the Administrator of Courts; however, a family member of a party to the proceedings or any person acting on that party's behalf shall not be so authorised, except for that party's lawyer if the lawyer has consented thereto.
Jurisdiction§
In proceedings under this Law, a court shall not refrain from hearing or granting relief in a matter solely on the ground that the matter is being heard in other proceedings, that a plea of lack of territorial jurisdiction has been raised, or that a person has waived that person's right under law.
Costs and compensation for vexatious application§
Where the court has dismissed an application for the issuance of a protection order and has determined that it is vexatious, the court may impose on the person who applied for the protection order any or all of the following:
Duty of notification§
"social services department" – as defined in the Welfare Services Law, 5718-1958;
"offence" – an offence under sections 329, 333 to 335, 345 to 348, 377, 380 and 382(c) of the Penal Law, 5737-1977.
Duty of confidentiality§
A person who has received information under the provisions of this Law in the course of carrying out that person's function or in the course of that person's work shall keep it confidential, shall not disclose it to another and shall not make any use thereof, except in accordance with the provisions of this Law or pursuant to a court order; a person who contravenes the provisions of this section is liable to three years' imprisonment.
Savings provisions§
The provisions of this Law are in addition to the provisions of any law and shall not derogate therefrom.
Implementation and regulations§
Amendment of the Youth (Care and Supervision) Law§
In the Youth (Care and Supervision) Law, 5720-1960, after section 3 the following shall be inserted:
"Protection order
3a. A court hearing the matter of a minor may, if it sees fit, issue a protection order under the Law for the Prevention of Domestic Violence, 5751-1991".
Amendment of the Criminal Procedure Law§
In the Criminal Procedure Law [Consolidated Version], 5742-1982, in section 44, at the end thereof, the following shall be inserted: "the court may also issue a protection order as referred to in the Law for the Prevention of Domestic Violence, 5751-1991".
Commencement§
This Law shall commence ninety days from the date of its publication.
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חוק למניעת אלימות במשפחה, תשנ"א-1991
domestic violence prevention law
family violence law
domestic violence act
law for prevention of domestic violence
ishim law
family abuse law
domestic abuse prevention
violence in family law
5751-1991