Can an Israeli Family Court order one spouse to vacate the family home during divorce proceedings?

In domestic violence situations, the Prevention of Violence in the Family Law gives Israeli courts wide and rapid powers. A tzav haganah can be issued ex parte — without notifying the other spouse — when there is an immediate risk of harm, and takes effect immediately on issuance. The order can require the respondent spouse to leave the home, stay a specified distance from the applicant and children, and refrain from contacting the family. The order lasts up to 30 days initially and can be extended. Violation of the order is a criminal offence. Police are notified and can enforce the order by removing the respondent from the home. Courts treat these applications with urgency — a hearing is typically scheduled within 24 to 72 hours of filing an ex parte order.

Where there is no violence but the parties cannot reasonably cohabit during divorce proceedings, the Family Court can issue an exclusive possession order as an interim civil measure. The applicant must demonstrate that the children's welfare or the practical management of the proceedings requires separate living arrangements. Israeli courts weigh the respective hardship to each spouse — a spouse with no alternative housing faces a higher bar for obtaining the order against the other party. The order does not transfer ownership and does not predetermine the final property division in the divorce; it governs occupancy only for the duration of proceedings. Foreign nationals involved in Israeli divorce proceedings can apply for these orders through their Israeli attorney without being physically present in Israel.

From the full guide: Divorce in Israel for Foreign Nationals: A Complete Legal Guide

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