Starting the Court Case

It is important to practice telling your story. Even though you lived through the abuse, you may never have had to sit down and talk about all of the incidents in an organized, clear way. By practicing in front of another person or in front of the mirror, you may be less nervous to tell your story to the judge in court. Also, as you begin talking about it, often times you will remember new details that may be important for your court case.

Tell your story in your own words, and try to speak clearly. For example, in a restraining order case, try to focus on the relevant details of the incidents of violence, threats of violence, or any harassing or stalking behavior that you included in your petition. When describing an incident where the abuser hit you, for example, tell the judge how you were hit, where on your body you were hit, how many times, what type of pain or injuries you suffered, if s/he used a weapon or object, etc. If you are describing threats that the abuser made to you, don’t paraphrase the threat by saying, “S/he threatened to kill me.” Try to remember exactly what s/he said and give those details, such as “S/he threatened to slit my throat and throw me into the river.” Details often make testimony seem more believable (credible) to judges.

You may want to also practice at which point in your testimony you would offer each piece of evidence you have, such as screenshots of text messages or photos of injuries.  Hopefully, this would lessen the chance that you would forget to offer them to the judge while you are actually testifying in court. Be prepared to tell the judge what the evidence is that you are offering, how you came upon it, and why you are asking the judge to look at it. You can find more information on how to enter evidence during the hearing in Is there a process to admit evidence other than testimony?

You may want to make an outline or notes of the history of violence to bring with you to court. Depending on your state’s rules of evidence, even if you cannot read from the notes during your testimony, you may be able to refer to your notes when testifying to refresh your memory. Before taking your notes with you to the witness stand, be sure to ask the judge if it’s OK to bring notes with you in case you need to remember a date or other detail. However, be prepared to testify without them if the judge says, “No.”