If a complaint of domestic violence has been made against you in Israel, or an indictment has already been filed, a sentence of actual imprisonment may be a real possibility. Israeli courts attach great weight to severe punishment in these cases, because they regard it as the way to deter. That is why the involvement of an experienced criminal defence lawyer, who stays with you throughout the process, may be what prevents a serious indictment and a custodial sentence.
Why deterrence comes first
Domestic violence offences are among the most serious offences on the statute book, because the legislature and the courts alike attach great importance to punishing anyone who raises a hand against a member of their family. Domestic violence is also treated as assault in aggravated circumstances, and so it is almost always accompanied by a sentence of actual imprisonment.
The case also tends to move quickly. Where a man is suspected of assaulting his wife, for example, a complaint of this kind often leads to his arrest before an indictment is filed, and to continued detention after it. Even if the complainant withdraws her complaint, in most cases the investigation file is not closed. A withdrawal is sometimes seen as a product of the husband’s violent behaviour, and some judges may treat it as an aggravating circumstance.
Asking the court for a probation report
Once an indictment has been filed for assaulting a spouse, or for any other assault that falls within the definition of domestic violence, the first step for the defence is to ask the court to refer the defendant to the Probation Service for a report, already at the stage of detention or release on bail. The report assesses how dangerous the defendant is and which release conditions suit him best. The Probation Service often recommends referring the defendant to a preliminary treatment programme for violent men before the main proceedings begin.
That treatment matters at the end of the case as well. A defendant who reaches sentencing while already in the middle of a treatment process may improve the chance that the court will consider a rehabilitative sentence in place of a deterrent one. It is also possible to ask the court for a Probation Service report after the defendant has admitted the facts of the indictment and before sentence is passed. Once the final report has been received, the court examines each case on its own merits and decides whether it would be right to refrain from entering a conviction.
What the court weighs
In making that decision the court considers a wide range of factors, among them whether this is a first or single offence, how serious the offence was and the circumstances in which it was committed, and how likely it is to be repeated. The main aim of the defence is therefore to show the court that, even if an offence was committed, it was no more than a momentary lapse of judgement, as is the case in the great majority of these files.
How we act
Our firm represents defendants and suspects in domestic violence cases. We give each client the full resources of the firm, examine all the circumstances of the file in depth and settle the right defence strategy as early as possible, so that the legal harm to you is kept as low as it can be, if there is any at all. A domestic violence case moves fast and also affects the family proceedings that run alongside it, and advice from the first day prevents decisions that are hard to correct later. We can be reached 24/7 on +972-3-6969080.
Frequently asked questions
If the complainant withdraws her complaint, will the file be closed?
Not necessarily. In most cases the investigation file is not closed, because a withdrawal is sometimes seen as a product of the suspect’s violent behaviour, and some judges may even treat it as an aggravating circumstance.
Does a domestic violence conviction mean prison?
Domestic violence is treated as assault in aggravated circumstances, so it is almost always accompanied by a sentence of actual imprisonment. A Probation Service report and a treatment process already under way can increase the chance that the court will consider a rehabilitative sentence.
What is the purpose of a probation report?
The Probation Service assesses how dangerous the defendant is and which release conditions are appropriate. It often recommends a preliminary treatment programme for violent men before the main proceedings begin. A report can also be requested after the defendant admits the facts of the indictment and before sentencing.
Can a conviction be avoided?
In some cases. After receiving the final probation report, the court examines each case on its own merits. It considers, among other things, whether this is a first or single offence, how serious it was and in what circumstances it was committed, and how likely it is to be repeated.
This page provides general information and is not a substitute for legal advice based on the facts of a particular case. A Hebrew version of this page is available at עבירות אלימות במשפחה.
