What Happens in Court?

 

 

 

 

 

Is it absolutely necessary for me to go to the court hearing?

YES. If you do not appear, your Ex Parte Order will be dismissed, and you will no longer have protection. In addition, the court may assess costs against you which may include filing fees and the costs the Sheriff incurred serving the Respondent. If you find out you absolutely cannot attend court on your appointed day, contact the court clerk immediately and ask how you can get a "continuance" for a later court date. 

 

How do I prepare for the hearing?

You need to know that you will be testifying at the hearing and you need to be prepared to tell the court everything that has happened and why you need this protection. It is a very good idea to bring witnesses with you who have seen violence or heard threats made by the Respondent. In addition, you should bring any police records, hospital records, photographs or any other documentation that supports your allegations. 

If you have minor children and are asking for child support, bring any information you have on the Respondent's current income (for example a pay stub, or last year's income tax forms). If you want to have a lawyer there to represent you, you should contact the attorney of your choice prior to the hearing. Advocates are also available to meet with you or answer questions prior to court, and even to go to court with you, so do not hesitate to contact them. 

Remember, at this hearing you may ask for temporary possession of the shared residence, temporary custody of minor children, temporary child support or spousal support, and the court may award temporary visitation. If you have concerns about the minor children's safety while visiting with the Respondent, you should come to court with an alternate plan for visitation. Most likely some visitation will be awarded, so be prepared to offer the judge an acceptable alternative if safety is an issue. The court will typically not consider issues concerning the division of property at this time, other than the return of personal items such as clothing, etc.  [see more about custody issues]

More on this topic from The Women's Law Initiative:

Contact witnesses who saw the abuse or your injuries. 
Anyone can be a witness – a friend, family member, children, emergency room nurse, doctor, a stranger who saw or heard the abuse take place, a law enforcement officer, etc. Some witnesses may not come to court unless they are given a subpoena that commands them to appear and testify. Ask the court clerk about the subpoena process. Let the judge know if the people you subpoenaed do not come to the hearing. 

Get evidence and documentation to help you prove your case. 

Evidence can include: 

• Your statements or a witness’s statements about the incident(s) 
• Medical reports 
• Police reports 
• Dated pictures of your injuries 
• Household objects torn or broken by your abuser Pictures of your household in disarray after an episode of domestic violence 
• Weapons used 
• Tapes of calls you may have made to 911 
• Certified copies of the abuser’s criminal record 
• Anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection 

The more evidence you have, the greater your chances of being granted a protection order. However, the judge will listen to your story even if you have no physical evidence or witnesses.

Practice telling your story. 
You may want to make an outline or notes of the history of violence by your abuser. You may take notes to court with you to look at if you forget something, but the judge may order that the abuser be allowed to see the notes if you read from them. 

Tell your story in your own words, but leave out details that have nothing to do with the violence or threats of violence. Also, rather than saying “He (or she) hit me,” tell the judge how you were hit, where on your body you were hit, and how many times. Be specific.

Be sure to mention: 

• The last 2 incidents of violence 
• The worst 2 incidents of violence 
• Whether the defendant has a gun or other weapons, and 
• Whether the defendant has threatened to physically hurt or kill you

What should I do on the day of the hearing?

• Be on time (early is even better!).
• Have your witnesses there and ready. 
• Do not bring your children, if there is any way to avoid it.
• If you have subpoenaed witnesses and they are not present you should inform the judge. 
• Dress neatly (no halter tops, shorts, too-short skirts, t-shirts, etc.). 
• Speak directly to the judge; he or she will understand if you feel nervous. 
• Always address the judge as “Your Honor.” 
• Be prepared to spend all day in court. (There may be hearings before yours.) 
• If your abuser comes to court with a lawyer and you are not represented, ask the judge for a “continuance” so you can look for a lawyer. 
• Once your case is called, enter the courtroom and find a seat. It is your right to take another seat if the abuser sits next to you, and to receive help from court staff in keeping the abuser away from you. 
• Stand when the judge enters and sit when the judge or bailiff asks you to. 
• Relax and remain calm. 
• Take deep breaths if you feel yourself getting tense. Never lose your temper in the courtroom. 
• Always tell the truth. 
• If you don’t understand a question, just say so. 
• If you don’t know the answer to a question, just say so. Never make up an answer. 
• Bring an Advocate, if you feel that will make you feel more comfortable, but realize that an advocate cannot represent you or stand with you in court.
  
  from The Women's Law Initiative

 

 

What is the order of events in the courtroom? 

• At the hearing, everyone who testifies will swear to tell the truth. 
• You will tell your side of the story first. 
• The judge and your abuser may ask you questions. If you are afraid to answer any of them, tell the judge. 
• When you are done, your witnesses will take the stand. You may ask them questions, and then the judge and the abuser will have a turn to ask them questions. 
• The abuser will tell his side of the story. It may be very different from yours. The judge will ask him questions, and you may also ask him questions. 
• The judge will make a decision after hearing both sides and considering the evidence. 
• If the judge issues you an Order, you will be given a copy of the Order. Review it carefully before you leave the courthouse. If you have ANY questions about it, be sure to ask the judge. 
  
  from The Women's Law Initiative

 

What should I do when I leave the courthouse?

• Review the Order of Protection before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave. 
• Make several copies of the Order of Protection as soon as possible. 
• Keep a copy of the Order with you at all times. 
• Leave copies of the Order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. 
• Give a copy to the security guard or person at the front desk where you live and/or work. 
• Give a copy of the Order to anyone who is named in and protected by the Order. 
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them. 
• You may wish to consider changing your locks and your phone number. 
• One week after court, call your local law enforcement offices to make sure they have received copies of the Order of Protection from the court clerk. 
  
  It is important to recognize the limitations of an Order of Protection. You must be vigilant in enforcing the order's provisions by reporting every violation to the police or the court. 
  
  Ongoing safety planning is important after receiving the order. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support. 

What happens at the hearing?

If the Respondent does not appear, then there will most likely not be a hearing, and the court will enter the order with minimal testimony from you.

If the Respondent appears and wishes to contest the entry of the Order of Protection, then a hearing will be held.

If the Respondent has an attorney, that attorney will be allowed to ask you questions.

If the Respondent represents himself, then he or she will be allowed to ask you questions after your testimony.

Both sides will also be given the opportunity to have any witnesses they may have testify, and they will also be subject to questioning from the other side.

At the conclusion of the hearing, the judge will determine whether an Order of Protection is necessary, and what other relief to award.

The court will usually not deal with issues concerning property at this hearing.

That will have to be handled at a different hearing, either during a divorce or another civil hearing.