• Of money

• All articles

A man hit you?

You have the option to make him pay

About 60,000 women were harmed in 2020 by violence or a threat of violence.

Many of them can claim monetary compensation, but do not do so, out of reluctance or lack of awareness.

Advocate Ronen Daliahu explains how it is possible to make an abusive man pay

Tags

• violence

Adv. Ronen Daliahu, guest column

Thursday, 25 November 2021, 09:46

• Share on Facebook

• Share on WhatsApp

• Share on general

• Share on general

• Share on Twitter

• Share on Email

0 comments

Today marks the International Day for the Elimination of Violence against Women.

The situation in Israel is worrying, since according to CBS data, no less than 60,000 women in Israel were affected by violence or a threat of violence in 2020. This is about two percent of all women aged 20 and over. However, many of them do not exercise their rights. The reasons for this are many, but the bottom line is that the legislature granted them a right, most of which are not used.

Good to know (promoted)

Custom insoles in half an hour - and you're out for a new life

To the full article

Yes, mental disability is compensation that deserves compensation (Photo: ShutterStock)

I decided I wanted to sue my husband.

How can this be done?

There are two ways to claim compensation for domestic violence. The first option is a civil tort claim "dragged" to a criminal conviction (i.e., after the conviction a monetary claim for damages is filed). The main advantage of filing a lawsuit in this route is that there is no need to prove the actual commission of the offense and the offender's responsibility for its commission, since this has already been determined in the criminal proceedings. The trailing lawsuit was heard before the same court that heard the case in the criminal proceedings and knows the facts. Also, another and very significant advantage lies in the fact that the plaintiff is left to prove only the damage caused and the liability of the offender for that damage. Accordingly, the court will rule on the amount of compensation. The trailing claim must be filed within 90 days from the moment the judgment in the criminal proceedings has become final - meaning that it can no longer be appealed. The Supreme Court also ruled that a trailing civil lawsuit can be filed even if the defendant has been assigned service jobs without a conviction.

There is another option - to file a separate civil compensation claim in a tort claim proceeding.

For this purpose, the woman is required to go through two stations: the first is the duty of proof that she has indeed fallen victim to violence on the part of the spouse.

She must also prove that she was harmed.

The address for filing such a claim is the Family Court which hears their dispute between family members.

How much money can you get?

The amount of compensation ranges from tens of thousands of shekels to hundreds of thousands and even millions, depending on the nature and extent of the damage caused, the number of incidents, etc.

Thus, for example, a lawsuit was filed in court by a woman who was brutally assaulted by her husband, and due to a severe injury she suffered in the spine, an orthopedist estimated that she was left with a 10% disability. The judge calculated each component separately He was also charged with expenses and attorney's fees of NIS 45,000.

In another case, the court awarded NIS 150,000 in compensation for pain and suffering caused to the woman due to violence used against her husband during their life together, leaving her with a mental disability of 50%.

For additional components, another NIS 200,000 was charged.

In another case, compensation of NIS 100,000 was awarded for pain and suffering caused by the husband's violence and humiliation against his wife, and another NIS 20,000 for each of the six other acts of violence he committed against her, a total of NIS 220,000.

How is the compensation in a normal tort claim calculated?

Calculation of bodily injury compensation, relies on heads of damages, such as wage losses incurred by the injured party in the past and those expected to be inflicted on him in the future, third party assistance expenses and nursing expenses, medical expenses paid including travel expenses.

In addition, when calculating bodily injury compensation, the Family Court may award a monetary amount at its discretion for pain and suffering and takes into account, among other things, the degree of disability, the injured person's age, the number of days of hospitalization and mental distress.

Some people have to pay for their actions.

You should get them to do it (Photo: ShutterStock)

Is this the only financial 'whip' against a hit owner?

No. Section 8 (2) of the Financial Relations Law provides that in special cases, the Family Court and the Rabbinical Court may rule that the division of joint property under a divorce agreement will not be equal, but will create a different, unequal balance in the division of joint property between spouses. The Honorable Justice Drori, ruled that when continuous and non-one-time physical and mental violence is proven, "section 8 (2) of the Financial Relations Law can be used intelligently, in a way that gives expression to the fact that she is a battered woman, and justice requires that in the distribution of all assets, It will be higher. " The issue even went to the Supreme Court and the Honorable Justice Meltzer ruled that there are cases where - even if the severe violence did not cause proven economic damage to the injured spouse - it is still possible to decide on an unequal distribution of property. This is to prevent a situation of "evil and good for him", as in the situation of a spouse who has been convicted of attempting to murder his wife, and will still be entitled to half of their joint property.

In addition, if it is proven to the rabbinical court that it is a battering and violent man, the rabbinical court may in this case require a divorce and the woman will even be entitled to receive her address except for the other monetary and shareholdings to which she is entitled by law.

And what about a man who has mentally abused his wife?

Adv. Ronen Daliahu (Photo: Yachz)

A precedent-setting ruling handed down by the Supreme Court in 2014 ruled that mental and financial abuse is defined by judges as violence for all intents and purposes. In the said case, the wife filed a lawsuit against the husband in which she uncovered a cruel mask of mental abuse that lasted for years. The wife filed various lawsuits in the Family Court, including a tort claim, in which she argued that the husband should compensate her for the suffering she suffered due to the many years of abuse. Her claim was accepted but she was awarded compensation of only NIS 50,000. The woman appealed to the Jerusalem District Court, which increased the amount of compensation to half a million shekels. This time it was the husband's turn to appeal to the Supreme Court. The new ruling states for the first time that even mental abuse that causes "only" damages of mental anguish and suffering to the spouse, is violence for all intents and purposes, and the way to eradicate it is through huge sums of compensation against the abusive spouse. This, regardless of the punishment that the abusive spouse will receive - or will not receive - on the criminal level.

• Share on Facebook

• Share on WhatsApp

• Share on general

• Share on general

• Share on Twitter

• Share on Email

0 comments