WHAT TO DO AT A DOMESTIC VIOLENCE COURT HEARING CALIFORNIA - VIDEO #71 (2021)

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On the day of the hearing, go to the courthouse and find the department where your hearing is going to take place. Take a note pad and pen with you. It is best to arrive early. For many courthouses, parking can be a serious problem so give yourself plenty of time. Make certain you have a filed-endorsed copy of your “Proof of Personal Service” (DV-200) with you.

Do not take minor children to the hearing. If you want to take a support person with you to the hearing, that’s fine, but it is unlikely the support person will be allowed to speak with the judge, unless the support person was a witness to the abuse and the judge wants to hear from the witness.

When you enter the department, you can check in with the judge’s clerk or with the bailiff. The bailiff is the person that is wearing a uniform and looks like a sheriff’s deputy. However, usually, the judge’s clerk or bailiff will call roll before the judge comes out.

You do not need to talk to the other party. If the other party hassles you or threatens you before the judge calls your case, tell the bailiff.

If you have any photographs, emails, police reports, witness statements, pay stubs, or any other documents that you want to show the judge during the hearing, and if those documents were not attached as exhibits to the papers you previously filed with the court, then you will need to give copies of the documents to the other party before the hearing begins so the other party has an opportunity to review the documents before the hearing starts.

When the judge calls your case, walk up to the front and sit at the table. You and the other party will be asked to take an oath or affirmation where you promise to tell the truth. Then, there will be a back-and-forth discussion involving you, the judge, and the other party. The judge will listen to each of you. The judge will ask each of you questions. The judge will try to determine who is telling the truth.

Hopefully, the judge will have read all of the paperwork you previously filed with the court and he or she will be familiar with the claims being made by each party. If the judge has read your paperwork, you won’t need to repeat the statements you wrote down in your paperwork.

It is a good idea, before the hearing, to sit down and draft a statement about what you want to say to the judge during the hearing. At least draft an outline of what you want to say. A day or two before the hearing, practice what you are going to say during the hearing. The better prepared you are, the less nervous you will be. If you get really nervous at the hearing, you can simply read your prepared statement to the judge. You want to tell the judge additional information that was not included in your previous paperwork. The judge will primarily want to know about the acts of abuse and what kinds of orders you are requesting.

At some point during the hearing, the judge will likely give you an opportunity to ask the other party questions. This is not the time for you to argue with the other party. It is a time for you to ask questions. Before the hearing, make a list of any questions you want to ask the other party.

The other party or his or her attorney will be given an opportunity to ask you questions. Listen to each question. Take a moment to think about your answer and then answer the question.

If a third party observed any of the acts of abuse, you may want to bring the third party to the hearing to testify as a witness. If so, when your case is called, let the judge know that a witness has come to the hearing and can testify about acts of abuse that the witness observed.

At the conclusion of the hearing, after the judge has listened to both sides, the judge will decide what kinds of orders will be issued. All of your requests may be granted. All may be denied. The judge may grant some orders and deny other orders. If the judge grants any orders, the judge will also decide how long those orders will last. The orders may last up to five years.

Видео WHAT TO DO AT A DOMESTIC VIOLENCE COURT HEARING CALIFORNIA - VIDEO #71 (2021) канала Free Divorce