The Power of the Law III
In the Heat of the Moment Do Not Pick Up That Phone! - A True Story

Robert and Jenny Cohen, now in their early thirties, made Aliyah from the US when they were very young. They married in Israel and both served in the IDF. They felt both Israeli as well as American and integrated well into Israeli society.

Robert, a successful technical writer, worked long hours. Jenny was a part time web designer working from home.

They had four children together and lived in Herzliya in a small apartment they bought after marrying. They were a “cute couple together” and in general a good match except for the “hot temper” of Mrs. Cohen, something that caused constant tension between them. For her, raising fours kids and being alone most of the day was very difficult.

They spent most of their free time on the weekends travelling around the country. After an especially trying weekend with the kids and Robert, Jenny “had it” and when the children were already in bed, she blew up at him.

We may be familiar with this kind of situation but unfortunately, this time was too much for Robert. He reacted in a way Jenny “could not take” by pointing his finger in her face. Soon the argument became a fight and for the first time ever, Jenny slapped Robert in the face and instinctively held his forearm scratching it and causing a small bleed.

This was no more than a one-minute episode but it became a tragedy for all of them.

Robert was so offended that he decided to “teach Jenny a lesson” she would not forget and indeed - she never forgot this day. Robert picked up the phone in anger and called the police. This was his biggest mistake.

Let us take a break here to describe the Israeli system. If your house was robbed and you call the police, make yourself coffee and relax. It could take a long time until you see a policeman at your door. But if you call them about “family violence” they will be there very fast. There is no possibility you can call back and ask to cancel the complaint! When it is done it is done!

Back to our story: Jenny was arrested by two policemen (actually a police woman handcuffed her). This occurred while their four children and her perplexed husband watched the scene in tears. She was kept in jail for 24 hours and brought before a judge.

If you have never been in a court when “criminals” are brought to a remand request (almost always granted by the judge), you should go and see how it looks with your own eyes. It is very sad, pathetic, undemocratic and a “wild” scene.

Criminals are brought together, some with handcuffs, some without, some with legs cuffed with long chains, some are drug dealers, others committed violent crimes, and some are “just” petty criminals and people like Jenny – all of them together in the same room. They are all sentenced in few minutes.

Jenny was released that same day, her DNA and fingerprints were taken and she was photographed like any other criminal. In addition she was prohibited to be near the house for 14 days.

The couple went to therapy together and Jenny was convinced that when Robert picked up that phone he could have never imagined the tragedy they would go through. Jenny never had any intention of hurting her husband. She felt miserable.

The DA asked for a “prolonged detention period, noting that under the circumstances this assault offense is particularly serious”. Jenny hired a lawyer and after almost eight months she was sentenced to a 3-month suspended sentence, a 1,500 shekel fine and probation for a period of one year. The total cost of that phone call was over 5,000 dollars and the marriage.

Robert knew he had over reacted and he felt bad because when he picked up that phone all he wanted was some kind of revenge, to “teach Jenny a lesson” but nothing beyond that. He went to the police station that same night and tried to convince the police to cancel the complaint. He refused to cooperate with the police – all in vain.

He made another mistake by telling the investigators about Jenny’s previous tantrums and by adding some “spice” to his description; not of that specific event but in general about Jenny’s “temper”.

The conflict between Robert and Jenny was never forgotten or forgiven and after a year they divorced in an amicable way, saving them a prolonged, expensive, and unnecessary court case.

They live near each other and are trying to rebuild their lives but the pain is still too fresh. The children went through a trauma they could not overcome in spite of Jenny’s sincere efforts to explain to them that this was not their father’s fault. The children cannot forget the image of their mother taken to a police car handcuffed and the tears and pain in Jenny’s face.

Whose fault was it? It does not matter and it is too late to fix the situation but before you pick up that phone think! Is this really necessary? You are the only one to decide, so think before acting.

Sincerely,

Tzvi Szajnbrum, Attorney at Law