As a victim, you may be called to testify if the prosecutor thinks your words are needed to prove the crime. In some places, you will get a summons. It is a paper that tells you the day, time, and courtroom number. It orders you to come to court on an appointed day.
If you do not want to go, the judge can sometimes require you to appear. If there is a very serious reason you cannot attend, you must contact the prosecutor before the trial.
In many domestic violence cases, a victim may be asked to speak in court. This can happen when asking for a longer protection order, during child custody fights, in divorce trials, or in criminal cases about physical or sexual violence.
We’ve written this article to serve as a guide for you if you ever find yourself a victim of domestic violence having to testify in open court.
What Happens When I Get to Court?
On the trial day, you go to the courtroom written on the summons. There is often a room for victims to wait. The prosecutor may meet you there. You might have to wait until it is your turn.
When you testify, you take an oath or make a promise to tell the truth. You stand in front of the judge. In jury trials, jurors are there too. The prosecutor asks questions first. Then the other lawyer asks questions. After that, the prosecutor may ask more questions to clear things up.
You must answer the questions, even when it feels hard. You must tell what you know, even if you already told the police before. The court is its own place. The judge needs to hear it.
What if the Other Lawyer Tries to Confuse Me?
During cross-examination, the other lawyer may ask hard questions. Sometimes they ask in a way that sounds like the answer is already decided. Questions that begin with “Wouldn’t you agree that…” can feel like that.
Pause before answering. If you do not understand, clearly say, “I do not understand the question.” You can say it again if you still do not understand. If the words are confusing, say so.
Some lawyers try to make you look unreliable. Stay calm. Focus on what happened to you. If a question feels embarrassing or wrong, you can look to the judge.
In sexual assault cases, the defense is not allowed to ask about your past sexual history to spread myths or shame you. There are rules to protect you.
Can I Get Help or Special Arrangements?
Yes. You can get help from victim support organizations. You can ask to have a trusted person beside you while you testify. You can ask to testify behind a screen. You can ask to keep the public out. You can ask that your name not be published.
Sometimes the court allows testimony by video. That means you are in another room, but the court can see and hear you live. In some cases, you may testify remotely by videoconference or phone, especially if you live far away or have a serious health reason. The judge decides.
If someone threatens you because you plan to testify, report it right away to the prosecutor or victim advocate. If the accused has threatened harm or has access to weapons, tell the court.
There are many rules to protect you before, during, and after you testify.
How Can I Prepare Before the Trial?
Practice telling your story. Even if you lived it, you may never have said it from start to finish in order.
- Practice in front of a mirror or with a trusted person. As you speak, you may remember new details.
- You can make notes about dates and events. Ask the judge if you may look at them while testifying. Be ready in case the judge says no.
- Plan when you will show evidence, like text messages or photos. Be ready to explain what the evidence is, how you got it, and why it matters.
- You may also submit a Victim Impact Statement. That is a written statement explaining how the crime affected you. It is read during sentencing.
After you testify, your duty to the court is usually finished. The judge may allow you to leave. You might receive money to cover time and travel costs. Keep your receipts.
This is not easy. But your voice matters. Sometimes you are the only one who knows exactly what happened.
Key Takeaways
- Testifying means telling the truth in court about what happened.
- You may be required to appear if you receive a summons.
- Speak clearly, use your own words, and give honest, detailed answers.
- It is acceptable to pause, ask for breaks, or say you do not understand.
- Only answer what is asked, and correct mistakes if needed.
- After you testify, your obligation to the court is usually complete.
Peyman Khosravani is a global blockchain and digital transformation expert with a passion for marketing, futuristic ideas, analytics insights, startup businesses, and effective communications. He has extensive experience in blockchain and DeFi projects and is committed to using technology to bring justice and fairness to society and promote freedom. Peyman has worked with international organizations to improve digital transformation strategies and data-gathering strategies that help identify customer touchpoints and sources of data that tell the story of what is happening. With his expertise in blockchain, digital transformation, marketing, analytics insights, startup businesses, and effective communications, Peyman is dedicated to helping businesses succeed in the digital age. He believes that technology can be used as a tool for positive change in the world.
