In Article 2, Chapter 5 of the Penal Law, the defenses of lack of control (34G), self-defense (34J) or necessity (34K) could be deemed to cover battered woman syndrome in some capacity. For instance:
- Lack of control (34G) — if a domestic violence victim was deemed to not be in control of their own actions due to the severity of the violence they were suffering, although this defense is more in reference to a reflexive or convulsive reaction or a condition of automatism.
- Self-defense (34J) — if the victim acted in self-defense.
- Necessity (34K) — if the victim's acts were deemed necessary to save their life, freedom, bodily welfare or property from real danger or severe injury.
If a battered woman were to kill her partner, the courts may give her a reduced penalty according to Section 300A, Article 1, Chapter 10 of the Penal Law, if the court deemed that the above defenses apply (Section 300A(b)) or that she was in a state of severe mental distress caused by the abuse she was suffering (Section 300A(c)).
In 2019, the Israeli Penal Code was amended in a way that establishes a new offense of "killing in circumstances of reduced liability," which allows the court to alleviate the criminal liability of victims of abuse who take the life of the abuser. According to this statement from the official Ministry of Justice website, the amendment embodies a shift from a "reduced punishment" model to a model of "reduced liability," which allows not only mitigation of punishment but also relief in the labeling that accompanies a conviction. For example, a battered woman who, due to severe mental distress, killed her abusive spouse will be convicted not of murder but of the offense of killing in circumstances of reduced liability.According to Section 14 of the Women's Labor Law, 1954, there are restrictions on dismissing a woman who is staying in a shelter for battered women.
In addition, an employee may be absent from work for a limited time if she is staying in a shelter for battered women (see here). In order to be eligible for this entitlement, the employee must have been employed for six consecutive months and is entitled to be absent for up to six months out of the 12 months commencing on the first day of her time in the shelter. During this time, her employer will not be able to terminate her employment. This period of absence will be considered as unpaid leave, therefore, the employee is not entitled to wages but might be entitled for other financial assistance (not from the employer, see below).
According to the Dismissal Compensation Law, 1963, if an employee resigned due to being in a shelter for battered women, which was approved by the Department of Social Services or the Ministry of Labor and Welfare, for the purposes of this law, the resignation should be considered as dismissal (provided that shortly before her resignation she was in the shelter for at least 60 days and subject to other conditions regarding the duration of her employment as mentioned in the law). This means that the employee will be entitled to dismissal compensation as defined in the law (see here). There are certain eligibility criteria for this, including that she was employed by the same employer for a year, she resigned due to being in a shelter for battered women and she stayed in the shelter for at least 60 days.
According to the Law for the Encouragement of the Integration and Promotion of Women at Work and of the Adjustment of Workplaces for Women, 2008, a person who employed an employee who stayed in a shelter for battered women 150 days after the end of her absence, as stated in Section 9(e)(1) of the Women's Labor Law, 1954, will be entitled at the end of the woman's employment period to a one-time grant in the amount of ILS 5,000 (see here). This entitlement commenced in 2021. An employer is also not permitted to dismiss an employee who is staying in a shelter for battered women and for 150 days from the date of her return to work. Victims of domestic violence may also apply for rent assistance and immediate financial assistance.According to page 13 of CEDAW/C/ISR/6 report, in February 2017 the regulation of the government of Israel on processing asylum requests (PIBA Regulation No.5.2.0012) was updated. A section titled "Gender Sensitivity" was added to the process of refugee status determination (RSD) in order to highlight gender sensitivities, acknowledge that gender is important when processing asylum requests and ensure that RSD interviews of victims must be treated with respect and sensitivity.
RSD unit employees must have training on gender-based issues and traumatic experiences. Interviewees may request that the interviewer is of the same gender, all interviews must be held individually and the interviewee must be given the opportunity to share their experience of gender-based violence. Caution should be taken to ensure that the interviewee does not experience a repetition of their trauma and if they have difficulty completing their interview, they should have the opportunity to complete it another time.
In October 2013, the PIBA published procedure No. 5.2.0019 regarding the process of acquiring civil status for immigrants who are victims of domestic violence inflicted by their Israeli spouse, which has lead to the termination of the relationship. This procedure can allow the victim to separate from their partner and acquire civil status in Israel.The Prevention of Family Violence Law, 5751-1991 outlines a number of acts for which the court may issue an order to prohibit a person from committing these acts. Within this, it is stated that the court has the power to prohibit an individual from carrying or possessing a weapon, including a weapon given to them by the Israel Defense Forces or by any other state agency.
Where a protection order has been issued, which includes a prohibition pursuant to this, notice thereof must be given by the court to the licensing officer as defined in the Firearms Law, 5709-1949, and if the person bound by the order is a member of the Reserves of the Israel Defense Forces, notice thereof must be given to the Israel Defense Forces.
Where a protection order has been issued, which includes a prohibition pursuant to this, and the person bound by the order is a member of the security service, the court may prescribe conditions in the order according to which that person may carry or possess a weapon in order to carry out his duties. Notice of such an order must be given by the court to the relevant security service, and it should make the necessary arrangements to ensure compliance with the order. For the purposes of this section, "member of the service" is a member of the Israel Police Force, the Prison Service or General Security Service or a soldier as defined in the Articles of War Law, 5716-1955.
The Prevention of Family Violence Law, 5751-1991 states that where a protection order has been issued for the protection of a minor, notice thereof must be given by the court to the welfare officer within the meaning of the Youth (Care and Supervision) Law, 5720-1960.
Where a protection order has been issued for the protection of a minor, in respect of the person responsible for the minor, the court must order the welfare officer to file a report with the court. This report must be filed within 30 days and the welfare officer must state his position regarding, among other things, the existence of the possibility of maintaining a connection between the minor and the person responsible for the minor. If it is the opinion of the court, based on the report, that maintaining the connection between the person responsible for the minor, in respect of whom the protection order was issued, falls in line with the good of the minor, it may grant orders in the matter.
Where a protection order has been issued for the protection of a minor, in respect of the person responsible for the minor, and the purpose of the order is not to protect the minor, the court may order maintaining the connection between the person and the minor, but only where it is convinced, on the basis of the produced report, that there will not be harm to the minor.
Note, "responsible for a minor" means a parent, step-parent, guardian or one who has the care and custody of the minor.
The Prevention of Family Violence Law, 5751-1991 outlines that a court may issue a protection order prohibiting a person from doing all or some of the following acts, or may attach conditions thereto:
- enter the dwelling where the family member resides or be found within a certain distance of such dwelling, notwithstanding that he has any right therein
- harass a family member in any manner and at any place
- act in any way which prevents or hinders the use of an asset lawfully in use by a family member, notwithstanding that he has any right to the asset
- carry or possess a weapon, including a weapon given to him by the Israel Defense Forces or by any other State agency
Based on this, the abuser should not be able to enter the residence where the abused resides, if a protection order is in place. The court may grant a protection order against a person if it sees that one of the following has occurred:
- Shortly before the petition was filed, the person acted violently against a family member, committed a sexual offense against him or unlawfully detained him.
- His behavior constitutes a reasonable basis for assuming that he poses a substantial physical threat to a family member he may commit a sexual offense against him.
- Where he has committed continuous mental abuse or behaved in a manner that does not permit a family member to run his life is a reasonable and proper manner.