Your Testimony
The Petitioner will usually testify first. To testify means to make statements that you swear to be true. The Order in which you testify does not mean one side has a better chance of winning. To present your case to the Judge, you may:
- Be sworn in and to testify truthfully;
- Take the witness stand;
- Tell your story and share your evidence;
- Bring in and question witnesses;
- Ask the Judge for the specific protections that you would like in the Order of Protection.
The Judge may ask you specific questions about the situation. Always refer to the Judge as “Your Honor” or “Judge,” even when answering their questions.
Giving your testimony may be very emotional and stressful. It is OK if you get worked up in court, but you want to remember to be respectful to the Judge and even the Respondent. If you are feeling overwhelmed, take a few deep breaths and remember that you are doing what you need to keep yourself safe. You can try practicing your testimony before your hearing to a trusted friend or family member. You can also write down notes. But, the Judge may ask you to give a copy to the Respondent. So, bring a couple of copies to your hearing.
Your Witnesses’ Testimony
After you testify, the Respondent will be able to ask you questions. The Court calls this “cross examination.” When the Respondent finishes asking you questions, you may bring in and question your witnesses. When you finish with your witness, the Respondent may question, or “cross examine,” your witnesses.
Witnesses will have to swear to tell the truth. Think about the purpose of each witness, and what information they can share with the Court. It is a good idea to choose witnesses who have the most direct knowledge of the abuse or threats of abuse. Witnesses who have not directly seen the abuse or threats of abuse may still be helpful by talking about how the abuse has affected you. For example, a witness may talk about times that you were scared, bruised, or missed work because of the abuse. You want to choose witnesses who can help you show the Court that:
- The Respondent committed a violent crime against you,
- You are “in reasonable apprehension of bodily injury” from the Respondent,
- And/or that the Respondent committed one of the crimes listed earlier.
It is a good idea to talk to your own witnesses before the hearing. You will want to go over what you will ask them to make sure that they will be helpful to your case. Remember, you want witnesses who can help you prove to the Court that you need an Order of Protection.
Respondent’s Case
After you present your case, the Respondent will get to testify and bring in witnesses. Don't interrupt the Respondent or their witnesses, even if you disagree with what they say. You will have a chance to ask the Respondent questions after they have testified. You will also have a chance to question the Respondent’s witnesses after each has testified. Use this time to show that the evidence you disagree with is either wrong or taken out of context.
You can ask the Judge to grant you permission to testify again if the Respondent brings up new issues. The Judge may then grant you permission to testify again.
After you and the Respondent present your cases, the Judge will decide at the hearing whether to grant an Order of Protection for you.