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The bill against economic violence is a bad solution, but there is another solution

Economic violence exists and requires treatment, but the attempt to involve it together with physical violence is fundamentally wrong.

The simple solution is a law of financial relations, under which many necessary remedies can be taken to eradicate the phenomenon.

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• Domestic violence

Adv. Ronen Daliahu

Thursday, 05 November 2020, 12:42

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In the video: Stormy discussion in the Constitution Committee on the Prevention of Economic Violence (Photo: Knesset Channel)

There is no denying that the phenomenon of economic violence within the family exists, will not benefit the closing of the eyes and ignoring it.

The violent side is the one that controls the financial resources in the family, usually the main breadwinner, who willingly gives or prevents access to those resources, while using economic terrorism as a means of control.

The bill that recently came up for discussion in the Constitution Committee was accompanied by a discourse that does not collect data from the field, but relies on personal opinions that characterize violent male discourse.

There is no such phenomenon, they say, if it is already the opposite phenomenon of the exploitation of a man's economic capital by a woman.

Until a few years ago, a similar treatment was given to the phenomenon of sexual violence within the family.

Many came out against the possibility that a husband could rape his wife.

Something in this concept did not work out logically.

Luckily for many women, today such acts are considered criminal and quite a few men have found themselves behind bars because of it.

Economic terrorism is equivalent to domestic violence and must be dealt with severely, or at least begin to be defined in law both so that society will treat it seriously and so that the courts can take action against it.

The courts must then be given the opportunity to deal with economic terrorism with the right legal tools.

The treatment of the issue has been on the Knesset table for several years and the legislators have a commitment to all the victims.

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There is no point in denying - the issue exists and needs to be addressed - but different

Adv. Ronen Daliahu (Photo: Keren Mazor)

However, the treatment of economic violence is different from the treatment of physical violence, which did not prevent the legislature from binding these two phenomena in one law.

The current bill is an attempt to perform an agile procedure to promote a solution but the proposal is not in the right format but in a different law.

The proposed law does not provide a proper response to economic violence and the sanctions raised in it are not at all appropriate for the phenomenon, hence the frustration of Knesset members, who may not have understood the purpose of the law that incorporated economic violence into a domestic violence prevention law.

Knesset members argued that the bill interferes with family life, the relationship between spouses and could lead to the dissolution of the family unit.

Their fear is that both women and men will take advantage of the Domestic Violence Prevention Act in filing a frivolous petition and in proceedings that are fundamentally manipulative as there is such an ugly phenomenon regarding false complaints related to physical violence.

But Knesset members have forgotten that allegations of economic terrorism are usually raised during a dispute between the spouses when the proceedings reach the courts and the desire of the parties or any of them is to end the relationship.

The issue does not come to court just as a result of a passing episode of a routine argument between spouses.

The right place to deal with economic violence is precisely within the framework of a completely different law, the law of financial relations between spouses.

Binding economic violence in the separation of property will allow the courts a variety of tools that include discretion to exercise when it identifies economic violence.

Just as the court today has a wide discretion to take into account the circumstances and data of the specific family, so it will be able to give judicial remedies and remedies in case present after receiving data and hearing evidence that there has been economic violence in the family justifying intervention.

A remedy that can be appropriate, for example, is providing financial assistance for legal protection to a woman who suffers from financial violence and does not have part of the family resources in her hands.

When a strong party holds the financial resources it can afford an experienced lawyer.

Many financially oppressed women find themselves fighting for their lives in court without financial aid.

They are forced to apply for loans, rely on the help of family members, or settle for an inexperienced lawyer to defend them in court.

The court in such a situation, can determine economic relief to the party who needs it or allow in a situation of economic violence, unequal distribution of property or restitution of sums of money taken or hidden during the relationship.

The remedies that the court should and should give in such a situation are very different from the remedies that the law allows to give in situations of violence.

Economic terrorism unlike physical violence is not defined as a criminal offense but a civil tort and therefore the sanctions should be given in a civil proceeding.

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