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The court rejected the state's position and reduced the fee for a victim of domestic violence
The prosecution demanded that a woman who demanded compensation from her husband for damages for violence pay more than NIS 20,000 due to differences in the fees between the various courts.
However, following the "Lacuna in the Fees Regulations" and the ruling of the Supreme Court, the Family Court set a reduced amount. The Ministry of Justice is examining a series of issues
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Domestic violence
Family Court
Maya Horodnichano
Saturday, 14 November 2020, 19:29
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The Tel Aviv Family Court recently ruled that a woman who sued her husband for abuse would pay a reduced fee.
In doing so, the court rejected the position of the State Attorney's Office, which insisted that the plaintiff pay more than NIS 20,000 for opening the case.
Einat Gilad Meshulam's registration explained that there is "a lacuna in the family fee regulations in relation to the regulation of the fee that must be paid for personal injury claims."
The Justice Department said the issue would be investigated.
Compensation claims for violence damages are filed in the Family Court, among other things, but in some cases the fees for payment are higher than in claims filed in other courts.
For, there is no distinction between bodily injury and other causes of action, which may make it difficult for plaintiffs who are sometimes asked to pay 1% of the amount of the claim.
This is while in cases of claims that are not in the family and are submitted to other courts, there is a distinction between compensation for damages for sexual offenses and other bodily injuries, and the required fee is between hundreds and thousands of shekels.
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High fee compared to other courts (Photo: Reuven Castro)
The plaintiff, R., filed a claim for compensation in court last February for damages she said her husband caused her.
In the lawsuit, she described severe sexual and emotional violence, for which she was required to pay a fee.
R. believed that she had to pay hundreds of shekels, in accordance with a ruling from 2015 in which the court reduced the amount of the fee.
The Tel Aviv District Attorney's Office, which was required to respond to the matter, initially insisted that a fee of 1% be paid in accordance with the amount of compensation requested, which was estimated in this case at NIS 2,700,000.
This means that R. will have to pay a sum of 27,000 shekels.
"The difference violates the right to equality of victims of sexual offenses in the family."
Animals (Photo: Jonathan Zindel, Flash 90)
At that time, a decision of Supreme Court President Esther Hayut was published that addresses, among other things, the gaps between the fees in the various courts.
"This difference violates the right to equality of victims of sexual offenses in the family. These issues do raise difficulties due to the amount of fees to be deposited to open the lawsuit," Hayut wrote, noting that the court has discretion but the state must be required to do so.
"Individual discretion is required to pay the reduced fee," she added.
Following the decision, the prosecution partially changed its position.
In her response, she stated that for damages for sexual offenses, R. must pay a lower fee of NIS 500, but "in relation to other damages that are not 'due to sexual offenses', the plaintiff must pay 1% of the amount claimed."
"In the news for victims of domestic violence"
Meshulam's registration accepted R.'s position in September and determined that she must pay about NIS 2,000.
"It is difficult to accept a situation where a person who sues in the Family Court will pay a significantly higher fee than a claim in a civil court," she said.
Attorney Mark Leizerowitz, who represented R. along with attorney Keren Barak, said following the decision: "I am proud to bring to the forefront of women victims of domestic violence in Israel. "Like all women in Israel, she will be able to receive justice and financial compensation for the many years of abuse against them."
The Ministry of Justice stated that "the issue of fees for personal injury claims submitted to the Family Court is not explicitly regulated in the regulations. The issue will be examined in the framework of the draft fee comparison regulations that are currently being formulated in the Ministry of Justice."
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