If you are going for the protection order hearings, it is in your best interest to have a lawyer who has knowledge and experience in domestic violence cases. The lawyer will prepare the case for you to win restraining order. But you must also understand some tips and procedures that make you win your restraining order case.
Before the hearing session in the court
If there are witnesses who saw the abuse or injuries that you have faced, contact with them. Witnesses can be any of your family members, a passerby who heard OR saw the abuse, children, emergency room doctor or nurse or any law enforcement, officer.
If the witness of your abuse is not willing to come to the court then collect subpoena form from the court clerk. The judge will sign and then subpoena form is sent as an order to witness to appear before the court.
Collect any of the following to prove your allegation of abuse
- Medical reports of injury
- If you have called the police at the time of abuse, the police report can be used
- Pictures of your injury taken from your mobile phone but the pictures must be having the details of the time and date at which picture was taken and pictures must not be edited afterward.
- Household items are broken or thrown by the abuser
- Do keep date and timings of abuse noted in your diary which you will show later on in the court
- Recorded voice of abuser
- Recorded phone call of your abuser in which abuser is threatening to harm you or your children or any of your family member through any mean
- Weapons used by the abuser or the picture of those weapons
- Any other evidence can prove your allegation of abuse
Collect and note all the events of abuse and say it repeatedly to tell your complete story to the judge. If possible or you fear to miss any points or abusive events do make a notebook and read it aloud and share it with your friend. You can make a note of all the important points of your case to be told to the judge at the time of hearing and not missing anything and get the permission of the judge to use the notes. If the judge refuses to grant you the permission of relating your story using notes, you must be well prepared to repeat the events without written notes. You should be clear and confident in your case. You must tell each and every detail of the abusive event. You must repeat the threatening statements in similar words as stated by the abuser.
When it is the time of court hearing
You should be on the court at the time. Bring all the evidence with you. Ensure the witness of abuse is also present. Do not tense. Lawyer of other party may try to confuse you but you must be clear on each detail of your case. You should be truthful with everything and detail. Do not lose your temper in the court session. The abuser may use false statements against you but you must remain calm. Speak directly to the judge using ‘your honor’. Do not try to answer if you do not understand a question.
It is always best to have a lawyer who prepares your case for you. Be truthful to your lawyer.
If you wish to consult an SRIS Law Group, P.C. attorney, call us at 888-437-7747.