Going To Court
There are several reasons you may have to appear in front of the court.
- The judge reviewed your petition for a protection order and asked for a hearing.
- The respondent filed a motion to terminate the protection order.
- The protection order has been violated.
- The protection order is about to expire.
- You wish to add more restrictions onto the protection order.
- You wish to terminate the protection order.
- Divorce
- Custody of Children
- Testify in a criminal proceeding.
If you wish, an advocate will accompany you to any of your domestic violence related court appointments and we will help you understand what to expect and what information to bring with you.
*we are not attorneys, however, we often attend these hearing and can give you an idea of how it may go.
*we are not attorneys, however, we often attend these hearing and can give you an idea of how it may go.
What will I have to prove in court?
When you are in court you will have to prove that the abuser has committed the crime of domestic violence. You will need to convince the judge that there has been an assault, threat of an assault, harassment by phone or email at your home or place of employment, or that the person has entered your premises without your permission.
What should I do to prepare for court?
When you go to court you should have all the evidence together that you may need to prove your case. These things may include:
- Witnesses that may have seen the crime being committed or the injuries that you have from your abuser. These people could be friends, relatives, doctors, or even a stranger or neighbor that may have seen or heard the abuse taking place.
- Medical reports. If you had to go to the hospital for any of your injuries, then you should have the medical documents from the hospital or doctor you saw.
- Police reports. If the police came to the scene it would be a good idea to get the report from the reporting police agency.
- Pictures of your injuries. These could include bruises, cuts, or any marks on you left by your abuser.
- Pictures of/or broken objects that you have because of the abuser and the destruction that they may have caused.
- Recorded messages or phone calls made by the abuser to you that may be threatening or intimidating to you.
- Anything else that may help prove that this abuser is a danger to you and that may prove that you need protection from this person.
If you do not have these things it is ok. Bring what you do have even if it is just you. It may be good to help you to practice telling your story so that you have it clear in your head before you go before the judge. Please be specific about what happened to you and how the abuser had hurt you. You will only be able to talk about the events that you put in the PPO petition so make sure that you put the events that prove domestic violence in your petition for a PPO. It is VERY helpful to write down the dates and events before the hearing to help you organize your thoughts. Sometimes it is intimidating talking to the Judge or being in the same room as your abuser.
What can I expect at the second hearing for full Protection Order?
- Make sure that you are on time. If you are not there when court begins the PPO can be thrown out
- Make sure to have your witnesses there if the judge would like to speak to them
- Dress appropriately for court. NO ripped jeans, shorts, flip flops, and revealing tops.
- Talk to the judge directly and answer his/her questions directly. Do not interrupt or talk over the judge.
- Be prepared to be there for awhile. Sometimes there may be other cases before yours that may be running behind.
- The person petitioning for the PPO will sit on the plaintiff side of the courtroom. You do not have to sit next to your abuser. If they try to sit next to you, you do have the right to move to another seat.
- Stand when the judge enters and leaves the room.
- Just relax and be calm. Do not lose your temper in the courtroom.
- Make sure to tell the truth.
- If there is something that you do not understand then just say so, or ask the question to be repeated. Never make up an answer to a question. The judge will elaborate if needed.
What will happen in court?
The judge will start by calling the courtroom to order. The judge will swear you in to affirm that you will tell the truth. You will get to tell your side of the story first. The respondent will be able to question you. When you are done telling your side of the story the judge will ask you if you have any witnesses and will swear them in and they will be able to tell their part of the story. If you have witnesses, prepare questions that you want them to answer.
After you and your witnesses’ side of the story is told, the respondent will have their chance to tell their side of the story. It is important that you do not interrupt when they are talking. The judge will intervene if the abuser tries to do the same to you. The judge will ask the respondent questions as will you about the case.
After hearing both sides of the story the judge will make a decision after hearing all of the evidence. If the judge decides to grant the PPO then the judge will sign the order and check the appropriate boxes to protect you from the abuser’s actions. He will also set a date of expiration for the PPO. You will both receive a copy of the PPO. If you have any questions about the PPO make sure to ask the judge or your advocate.
How do I get in touch with a Victim Advocate?
If you would like someone to attend court with you, we can provide that service to you. If you would like to contact an advocate, please contact the Domestic Violence Coalition Inc. in Paw Paw at 1-269-655-9008. We will be glad to help you with any questions that you may have, attend the hearing with you, help you prepare your evidence and questions, and we are allowed to sit with you at the table.
Will I need a lawyer?
Not usually. You have the right to bring your lawyer if you want, but it is not necessary to have a lawyer for this type of court process. An advocate from the Domestic Violence Coalition will help and support you through the process.
Can I get an interpreter?
Yes, if you need an interpreter, an advocate at the Domestic Violence Coalition can help you find one. If you have trouble understanding English, make sure your advocate knows. It is important that you understand what is being asked.
What do I do after the court hearing?
You should make sure that you get your copy of the PPO from the judge. It may be good to make several copies of the PPO. Give copies to your work or other places that you may go if you feel you may need protection while at these places. Always keep a copy of the PPO with you. The PPO will be entered onto the LEIN system for the Local Police departments.
You may want to change your locks or your phone number if you can so that your abuser cannot contact you. You should also make a safety plan while you are at home, work, and/or school. If you would like help on developing a safety plan then please contact the Domestic Violence Coalition.
When you are in court you will have to prove that the abuser has committed the crime of domestic violence. You will need to convince the judge that there has been an assault, threat of an assault, harassment by phone or email at your home or place of employment, or that the person has entered your premises without your permission.
What should I do to prepare for court?
When you go to court you should have all the evidence together that you may need to prove your case. These things may include:
- Witnesses that may have seen the crime being committed or the injuries that you have from your abuser. These people could be friends, relatives, doctors, or even a stranger or neighbor that may have seen or heard the abuse taking place.
- Medical reports. If you had to go to the hospital for any of your injuries, then you should have the medical documents from the hospital or doctor you saw.
- Police reports. If the police came to the scene it would be a good idea to get the report from the reporting police agency.
- Pictures of your injuries. These could include bruises, cuts, or any marks on you left by your abuser.
- Pictures of/or broken objects that you have because of the abuser and the destruction that they may have caused.
- Recorded messages or phone calls made by the abuser to you that may be threatening or intimidating to you.
- Anything else that may help prove that this abuser is a danger to you and that may prove that you need protection from this person.
If you do not have these things it is ok. Bring what you do have even if it is just you. It may be good to help you to practice telling your story so that you have it clear in your head before you go before the judge. Please be specific about what happened to you and how the abuser had hurt you. You will only be able to talk about the events that you put in the PPO petition so make sure that you put the events that prove domestic violence in your petition for a PPO. It is VERY helpful to write down the dates and events before the hearing to help you organize your thoughts. Sometimes it is intimidating talking to the Judge or being in the same room as your abuser.
What can I expect at the second hearing for full Protection Order?
- Make sure that you are on time. If you are not there when court begins the PPO can be thrown out
- Make sure to have your witnesses there if the judge would like to speak to them
- Dress appropriately for court. NO ripped jeans, shorts, flip flops, and revealing tops.
- Talk to the judge directly and answer his/her questions directly. Do not interrupt or talk over the judge.
- Be prepared to be there for awhile. Sometimes there may be other cases before yours that may be running behind.
- The person petitioning for the PPO will sit on the plaintiff side of the courtroom. You do not have to sit next to your abuser. If they try to sit next to you, you do have the right to move to another seat.
- Stand when the judge enters and leaves the room.
- Just relax and be calm. Do not lose your temper in the courtroom.
- Make sure to tell the truth.
- If there is something that you do not understand then just say so, or ask the question to be repeated. Never make up an answer to a question. The judge will elaborate if needed.
What will happen in court?
The judge will start by calling the courtroom to order. The judge will swear you in to affirm that you will tell the truth. You will get to tell your side of the story first. The respondent will be able to question you. When you are done telling your side of the story the judge will ask you if you have any witnesses and will swear them in and they will be able to tell their part of the story. If you have witnesses, prepare questions that you want them to answer.
After you and your witnesses’ side of the story is told, the respondent will have their chance to tell their side of the story. It is important that you do not interrupt when they are talking. The judge will intervene if the abuser tries to do the same to you. The judge will ask the respondent questions as will you about the case.
After hearing both sides of the story the judge will make a decision after hearing all of the evidence. If the judge decides to grant the PPO then the judge will sign the order and check the appropriate boxes to protect you from the abuser’s actions. He will also set a date of expiration for the PPO. You will both receive a copy of the PPO. If you have any questions about the PPO make sure to ask the judge or your advocate.
How do I get in touch with a Victim Advocate?
If you would like someone to attend court with you, we can provide that service to you. If you would like to contact an advocate, please contact the Domestic Violence Coalition Inc. in Paw Paw at 1-269-655-9008. We will be glad to help you with any questions that you may have, attend the hearing with you, help you prepare your evidence and questions, and we are allowed to sit with you at the table.
Will I need a lawyer?
Not usually. You have the right to bring your lawyer if you want, but it is not necessary to have a lawyer for this type of court process. An advocate from the Domestic Violence Coalition will help and support you through the process.
Can I get an interpreter?
Yes, if you need an interpreter, an advocate at the Domestic Violence Coalition can help you find one. If you have trouble understanding English, make sure your advocate knows. It is important that you understand what is being asked.
What do I do after the court hearing?
You should make sure that you get your copy of the PPO from the judge. It may be good to make several copies of the PPO. Give copies to your work or other places that you may go if you feel you may need protection while at these places. Always keep a copy of the PPO with you. The PPO will be entered onto the LEIN system for the Local Police departments.
You may want to change your locks or your phone number if you can so that your abuser cannot contact you. You should also make a safety plan while you are at home, work, and/or school. If you would like help on developing a safety plan then please contact the Domestic Violence Coalition.
Call Us Toll Free 1-(888)-655-9008