Rabbinical courts and family courts are repeatedly forced to deal with false complaints to the police - which result in restraining orders, and this is for tactical reasons to improve positions in disputes between spouses.
Rabbi Yitzhak Rapaport, the judge of the Tel Aviv Rabbinical Court, and his fellow judges, Rabbi Meir Freeman-Abad, and Rabbi Meir Kahane, published a harsh and firm ruling this week, in which they denied a false complainant alimony and a ketubah and ordered her to file for divorce.
The court heard a conflict between a Tel Aviv real estate developer and his veterinarian wife, parents of two children, ages four and two.
The husband filed for divorce, while the wife filed a request, tactically, for a divorce.
It turns out that at some point the woman filed a complaint with the police, which resulted in the husband being automatically removed from his home for five days. The woman then went to the Family Court, which removed the husband from his home for 90 days by consent.
Ultimately, the police and the prosecutor's office investigated the case in depth and, after finding that the woman had previously threatened to file frivolous complaints against the husband, it was decided to close the case due to a complete lack of evidence.
The woman, who had repeatedly demanded a divorce in the past and even filed a police complaint against her husband, this time filed a request for a divorce - for tactical reasons in order to gain financial benefits in the divorce.
In an unusually harsh ruling, judges Freeman, Kahn, and Rapaport write: "If an unjustified complaint is filed, the consequences for the husband are unbearable. Removal by the police by default, as well as long-term harm in the context of a protection order proceeding that relies on an evidentiary threshold that weighs less than a featherweight.".
""The legal courts take a security measure out of fear of violence, and even if at the end of the process the accused or the defendant is acquitted - the very humiliation of the process damages the good name and often also the employment of the accused, and is without cure or correction of the wrong.".
""Removing a person from their home on false allegations constitutes a violent physical injury, by forcibly removing them from their own home. On the other hand, the complainant gains tactical profits in legal proceedings to determine custody, ketubah fees, etc., and there is also a direct connection to the amount of child support. In short, the perpetrator finds himself in a Kafkaesque reality with no way out.".
As a result of the harsh words, the judges decided: "Therefore, it follows from the above that the woman must be divorced and has lost her alimony, the matrimonial property, and the ketubah fees from the time the complaint was filed with the police.".
It should be noted that the judge of the regional rabbinical court in Haifa, Rabbi Yitzhak Oshinsky, also added in a ruling issued last week that "the party that files false complaints is the loser and causes great damage.".
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